Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 123/09
Hearing date 5 Aug 2009
Determination date 05 August 2009
Member P Cheyne
Representation S Townsend ; S Smith (in person)
Location Christchurch
Parties Synapsys NZ Ltd v Smith
Summary CONSENT ORDER – Parties reached agreement following phone conference – Respondent lodged statement of problem alleging applicant breached terms of employment agreement misappropriating funds to value of $139,541 – Applicant admitted conduct and was dismissed – Applicant apologised for actions and enclosed cheques for $19,000 as part repayment of funds and property misappropriated – Respondent sought damages of $120,541 being balance of misappropriated funds and damages of $9,081 being taxes and costs incurred – Respondent also sought interest and penalty – Applicant consented to Authority’s orders – Authority ordered applicant pay sums stated by respondent – Authority ordered applicant pay 4.75 percent interest on total damages – PENALTY – Authority ordered applicant pay $5,000 penalty for breaches of s4 and s4A(a) Employment Relations Act 2000 (“ERA”) – Authority noted sum consented to was $10,000 but statutory limit of $5,000 against individual – COSTS – Authority ordered applicant to pay costs of $1,000 to respondent
Result Consent order granted ; Orders accordingly ; Costs in favour of respondent ($1,000)
Main Category Consent Order
Statutes ERA s4;ERA s4A(a)
Number of Pages 2
PDF File Link: ca 123_09.pdf [pdf 10 KB]