| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49/08 |
| Determination date | 18 February 2008 |
| Member | J Wilson |
| Representation | N Farrands ; R Anderson (In person) |
| Location | Auckland |
| Parties | Fourth Estate Holdings Ltd v Anderson & Anor |
| Other Parties | Ardlui Media Ltd |
| Summary | PENALTY - Applicant alleged first respondent breached terms of confidential settlement agreement, by publishing terms of settlement agreement on a website - Applicant also alleged second respondent knowingly aided first respondent in breach - Applicant subsequently advised material removed from website within 24 hours - Authority found while first respondent’s actions obviously deliberate accepted assurance that, at time, did not believe had breached confidentiality provisions - While applicant may have been angered by article little to suggest article caused other than minor embarrassment - First respondent accepted breached confidentiality clause of mediated settlement - Authority found appropriate to impose penalty for breach - First respondent ordered to pay penalty of $3000 – Authority declined applicant’s request penalty be paid to applicant - Penalty payable to Crown - Second respondent not party to settlement agreement - First respondent said, and Authority accepted, his actions in publishing article on website entirely his own responsibility - Second respondent owned website on which first respondent posted article, did not follow, and Authority saw no evidence, that second respondent breached settlement agreement, or incited, instigated, aided, or abetted breach - Application for penalty declined - COSTS - Partially successful claim for penalty - No investigation meeting - Applicant claimed costs but had not specified actual costs or what level of award sought - First respondent proposed costs should lie where they fall - Authority found while was no investigation meeting, applicant did incur legal costs in preparing and filing original application, attending telephone conference and preparing short submission in support of application - Had first respondent not breached terms of settlement costs would not have been incurred - Applicant entitled to contribution towards costs |
| Result | Application granted ; Penalty ($3000)(Payable to Crown) ; Application dismissed (Penalty) ; Costs in favour of applicant ($500) |
| Main Category | Penalty |
| Statutes | ERA s135;ERA s136(1);ERA s149(4) |
| Cases Cited | Gaskin v Grenside unreported Shaw, J, 27 Sep 2007, WC 20A/07 |
| Number of Pages | 10 |
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