Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 221/09
Hearing date 3 Jul 2009
Determination date 06 July 2009
Member R Arthur
Representation SP Murphy (in person) ; K Ritchie, B Ritchie
Location Auckland
Parties Murphy v Airdrie Towing (2007) Ltd and Ors
Other Parties Ritchie, Ritchie
Summary COMPLIANCE ORDER – Settlement agreement stated respondents to pay applicant $4,000 – Full payment not made by date specified in agreement – Applicant claimed respondents’ default meant agreement null and void - Applicant sought full arrears of wages and arrears of holiday pay in sum of $6,200 – Authority found issue was whether handwritten agreement between parties was enforceable if agreed sum had not been paid in full – Found parties intended agreement to be full, final and binding in respect of claims applicant could make against respondents – Respondents claimed paid more than $1,400 to applicant – Authority found no evidence of payments - On balance of probabilities, found $1,400 of $4,000 paid to applicant – Considering merits, equities, and intention of parties as expressed in agreement, Authority ordered compliance with agreement - Found $4,000 minus $1,400 owing – Compliance ordered – Applicant represented self – Applicant entitled to reimbursement of filing fee
Result RESULT: Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
Main Category Compliance Order
Number of Pages 4
PDF File Link: aa 221_09.pdf [pdf 18 KB]