| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 390/08 |
| Determination date | 13 November 2008 |
| Member | R Arthur |
| Representation | D Smith (in person) ; K Warren |
| Location | Auckland |
| Parties | Smith v Virtual Infrastructure Professionals Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought order requiring respondent comply with settlement agreement – Terms of agreement required respondent pay applicant three specified amounts on certain dates – Third payment not paid in full by respondent – Applicant sought compliance by prompt payment of remaining amount and interest – Respondent proposed payment of remaining amount in instalments – Authority found could make order for compliance by way of instalments “only if” required because of employer’s financial position – Found earlier Authority determination (AA 287/08) suggested threshold high – Found appropriate test more than employer’s convenience of preference even where financial position not strong – Authority found while accepted respondent not in strong financial position, not persuaded on information provided should order payment by instalments – Applicant claimed 1 percent interest for whole period – Authority found appropriate to award 7 percent interest for four month period |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s137(1)(iii);ERA s137;ERA s138(4A) |
| Cases Cited | Stein v Gerrard's (NZ) Ltd unreported, R A Monaghan, 6 August 2008, AA 287/08 |
| Number of Pages | 5 |
| PDF File Link: | aa 390_08.pdf [pdf 22 KB] |