| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 392/08 |
| Hearing date | 15 Oct 2008 |
| Determination date | 17 November 2008 |
| Member | M Urlich |
| Representation | H White ; T Cleary |
| Location | Auckland |
| Parties | Te Tuhi v Silver Fern Farms Ltd |
| Summary | PENALTY - Applicant sought penalty under s149(4) Employment Relations Act 2000 (“ERA”) for respondent’s failure to comply with record of settlement (“settlement”) - Applicant alleged breach of settlement flagrant, and penalty warranted - Respondent argued open to it to question settlement and delay payment until matter clarified or, alternatively, argued common mistake - Authority found party to record of settlement cannot select which clauses to comply with - Settlement either valid and binding or not - Evidence of common mistake must be clear and convincing - No such evidence in present case - Issue concerned interpretation of settlement - Authority satisfied settlement valid for purposes of s149 ERA - Authority found respondent breached settlement - Respondent did not make reasonable efforts to contact applicant to advise of non-compliance - Applicant required to raise issue with respondent, which was stressful and embarrassing - Respondent did not comply until application for compliance filed with Authority - Penalty warranted - Modest penalty appropriate as respondent did not breach all obligations and attempts to clarify agreement sincere - Awarded penalty of $500, payable to applicant |
| Result | Application granted ; Penalty ($500)(Payable to applicant) ; Costs reserved |
| Main Category | Penalty |
| Statutes | Contractual Mistakes Act 1977 s6(1)(a)(ii);ERA s149;ERA s149(1);ERA s149(3);ERA s149(4) |
| Number of Pages | 5 |
| PDF File Link: | aa 392_08.pdf [pdf 21 KB] |