| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 118/08 |
| Hearing date | 18 Mar 2008 |
| Determination date | 28 March 2008 |
| Member | L Robinson |
| Representation | A Twaddle ; A Harris |
| Location | Auckland |
| Parties | Dent v Harris Neil & Associates Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with record of settlement and interest on outstanding amount - Respondent failed to pay agreed sum by agreed date – Authority found unhelpful that execution of record of settlement not attended to until days later – Noted absurd to sign record of settlement when payment date had already passed – Authority found would not have ordered compliance with record of settlement on that basis – Authority found complication in present case that oral agreement to settle was varied during delayed execution of record of settlement which purported to reflect settlement – Authority satisfied record of settlement did accurately record initial settlement between the parties, however, subsequently mutually agreed variation to date for payment – Authority found respondent in breach of term of settlement agreement to pay applicant within 7 days of mediator’s signature – Authority ordered enforcement of oral settlement not record of settlement – Authority ordered compliance with oral settlement – REMEDIES – No reason for order of interest – PENALTY – Authority considered relatively short period of delay and fact payment was made – However, respondent offered no explanation and did not sufficiently communicate with applicant’s counsel – Penalty appropriate – COSTS – Applicant sought full costs – Authority noted settlement accepted and material part of decision to avoid further legal costs and further involvement with respondent – Authority concluded in all circumstances applicant should be awarded greater portion of costs sought – Applicant entitled to $6000 as contribution to costs |
| Result | Application granted ; Penalty ($1,000) (payable to applicant) ; Costs in favour of applicant ($6,000) |
| Main Category | Compliance Order |
| Statutes | ERA s123;ERA s137;ERA s161(1)(r) |
| Cases Cited | Kerr v Associated Aviation (Wellington) Ltd [2005] 1 ERNZ 632;Taylor V Mai Media Limited unreported, M Urlich, 21 November 2007, AA365/07 |
| Number of Pages | 12 |
| PDF File Link: | aa 118_08.pdf [pdf 58 KB] |