| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 174/09 |
| Hearing date | 10 Nov 2009 |
| Determination date | 11 November 2009 |
| Member | D Asher |
| Representation | R Jamieson ; no appearance, J Tannahill |
| Location | Wellington |
| Parties | Body v PCT No 1 Ltd & Anor |
| Other Parties | Clark |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with record of settlement – No appearance for first respondent – Respondent agreed to pay $2,250 to applicant on without prejudice and denial of liability basis within 7 days of settlement – Respondent also agreed to pay legal costs of $750 plus GST – Payment not effected – Shortly after agreement reached business sold due to financial difficulties – Authority found no evidence respondent unable to pay – Compliance ordered – PENALTY – Applicant sought penalty of $5,000 – Applicant frustrated by respondent’s failure to comply with agreed settlement – Found respondent’s failure to appear and failure to pay monies satisfied grounds to apply penalty – $500 penalty payable to applicant |
| Result | Compliance ordered ; Interest (6%) ; Penalty ($500)(payable to applicant) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s221 |
| Cases Cited | Heritage Expeditions Ltd v Fraser unreported, Couch J, 26 Aug 2009, CC 11/09;Square 1 Service Group Ltd v Butler [1994] ERNZ 667;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 6 |
| PDF File Link: | wa 174_09.pdf [pdf 20 KB] |