| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 135/09 |
| Hearing date | 27 Mar 2009 |
| Determination date | 30 April 2009 |
| Member | R A Monaghan |
| Representation | M Swarbrick ; R Murray |
| Location | Hamilton |
| Parties | Oliver v Leamington Hospitality Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement agreement – Agreement provided respondent to pay compensation of $5,000 – Respondent breached agreement due to insolvency and made alternative offer of $2,500 to settle – Applicant declined offer – Authority ordered compliance with agreement - Interest payable - PENALTY – Applicant sought penalty for breach of mediated settlement agreement – Authority awarded $1,000 penalty payable to Crown – Authority took into account respondent’s financial position and that breach not deliberate |
| Result | Compliance ordered ; Interest (3.2%) ; Penalty ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s149;ERA s149(4);ERA s151 |
| Number of Pages | 4 |
| PDF File Link: | aa 135_09.pdf [pdf 18 KB] |