Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 180/08
Hearing date 27 Nov 2008
Determination date 01 December 2008
Member H Doyle
Representation D Beck ; G Hurrell
Location Christchurch
Parties Tomuli v Hagley Views Ltd
Summary COMPLIANCE – Applicant sought compliance with settlement agreement (“SA”) and penalty for breach – Respondent claimed noncompliance due to breach and misrepresentation – Authority found no breach by applicant – Found misrepresentation does not cancel SA under s 149(3) Employment Relations Act 2000 (“ERA”) – SA stands and failure to comply is breach– Interests payable if sum not paid within specified time – Compliance order granted in favour of applicant – PENALTY – $300 penalty awarded for breach of SA – COSTS – Respondent pay applicant $715 as contribution to costs
Result Compliance ordered ; Order made ; Interest (8%) ; Costs in favour of applicant ($715)
Main Category Compliance Order
Statutes ERA s149;ERA s149(3);ERA s149(4)
Number of Pages 5
PDF File Link: ca 180_08.pdf [pdf 29 KB]