Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 52/08
Hearing date 29 Apr 2008
Determination date 01 May 2008
Member H Doyle
Representation R Davidson ; No appearance
Location Christchurch
Parties Boyer v Monastra t/a Stromboli Restaurant and Wine Bar
Summary COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance for respondent - Respondent acknowledged payments outstanding during phone conference - Respondent claimed payments not made in accordance with settlement agreement due to lack of funds - Authority satisfied applicant only received two of six payments due under agreement - Authority satisfied respondent failed to comply with mediated settlement - Compliance ordered - PENALTY - Authority found appropriate case to award penalty in respect of breach of mediated settlement - Respondent failed to honour settlement agreement entered into - Penalty ordered - COSTS - Length of investigation meeting not specified - Applicant entitled to contribution to costs - Restaurant manager
Result Compliance ordered ; Application granted (penalty) ; Penalty ($500)($400 payable to applicant)($100 payable to Crown) ; Costs in favour of applicant ($800) ; Disbursements in favour of applicant ($70)(Filing fee)
Main Category Compliance Order
Statutes ERA s136;ERA s149;ERA s149(4)
Number of Pages 4
PDF File Link: ca 52_08.pdf [pdf 27 KB]