| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 189/08 |
| Hearing date | 26 May 2008 |
| Determination date | 26 May 2008 |
| Member | R Arthur |
| Representation | T Kurta ; no appearance |
| Location | Auckland |
| Parties | Liley v Fashion Traders Group Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance for respondent - Authority satisfied respondent had not complied with settlement - Compliance ordered - PENALTY - Authority found penalty appropriate not only to mark respondent’s blatant breach of agreement but to act as deterrent to parties who entered settlement agreements but failed to honour them - Respondent’s withholding of payment appeared deliberate and for no good reason - Penalty of $1,000 appropriate, split between applicant and Crown - COSTS - Applicant entitled to reasonable contribution to costs - Costs of $400 awarded - Respondent warned of consequences of failure to comply with Authority’s orders |
| Result | Compliance ordered ; Penalty ($1,000)($500 payable to Crown)($500 payable to applicant) ; Costs in favour of applicant ($400) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s133;ERA s135;ERA s136;ERA s138(6);ERA s140(6);ERA s141;ERA s149;ERA s149(3);ERA s149(4) |
| Number of Pages | 3 |
| PDF File Link: | aa 189_08.pdf [pdf 16 KB] |