| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 28/10 |
| Hearing date | 21 Jan 2010 |
| Determination date | 25 January 2010 |
| Member | D King |
| Representation | B Goldsmith (in person) ; no appearance |
| Location | Auckland |
| Parties | Goldsmith v The Irish Rover Ltd |
| Summary | COMPLIANCE ORDER – No appearance for respondent – Applicant sought compliance with settlement agreement and penalty for breach – Authority ordered respondent to comply with agreement – Ordered respondent to pay $3,000 penalty – Found clause in agreement providing penalty for non-payment unenforceable as unconscionable to recover sum for contractual breach when not proportionate to actual loss – Compliance ordered |
| Result | Compliance ordered ; Penalty ($2,000)(Payable to applicant) ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iii);ERA s149;ERA s149(4) |
| Cases Cited | Ozturk v Gultekin T/A Halikarnas Restaurant [2004] 1 ERNZ 572 |
| Number of Pages | 2 |
| PDF File Link: | aa 28_10.pdf [pdf 10 KB] |