| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 102/08 |
| Hearing date | 31 Jul 2008 |
| Determination date | 31 July 2008 |
| Member | G J Wood |
| Representation | G Ogilvie ; no appearance |
| Location | Wellington |
| Parties | Goudie v Mommers & Anor |
| Other Parties | Mommers |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance by respondent - Applicant not received sum owed under agreement - Failure to pay unexplained and Authority considered must have been deliberate - Compliance ordered - PENALTY - Penalty of $400 appropriate given relatively low level of payments not made - As matter of public policy half of penalty payable to Crown - However, as direct result of non-payment, applicant got behind on rent and had to get a loan - Also had to meet significant travel costs - Appropriate that other half of penalty be paid to applicant - COSTS – Applicant sought $350 in costs, plus $70 in expenses - Authority accepted some preparation required for matter and that costs and expenses were reasonable |
| Result | Compliance ordered ; Application granted ; Penalty ($400)($200 payable to Crown)($200 payable to applicant) ; Costs in favour of applicant ($350) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s149(4);ERA Second Schedule cl12 |
| Number of Pages | 3 |
| PDF File Link: | wa 102_08.pdf [pdf 23 KB] |