| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 112/10 |
| Hearing date | 5 Mar 2010 |
| Determination date | 10 March 2010 |
| Member | Y S Oldfield |
| Representation | T Leydon (in person) ; S Robertson-Welsh |
| Location | Auckland |
| Parties | Leydon v Effective Fencing Ltd |
| Summary | PENALTY – COSTS – Applicant claimed respondent failed to comply with terms of settlement – Parties reached agreement on wording of written reference attached to terms of settlement at mediation – Applicant claimed respondent failed to supply copy of reference – Respondent supplied reference at investigation meeting – Applicant sought penalty but did not quantify claim – Applicant argued respondent’s failure to provide written reference compounded difficulties finding employment – Respondent argued proposed wording for reference couched in terms that could not be agreed to – Respondent claimed supplied certificate of service instead – Applicant denied receiving document – Respondent claimed no agreement about content of reference and applicant exaggerated effect of lacking reference from respondent – Authority found respondent to act in good faith in attempting to reach agreement about content of reference – Found certificate of service presented not dated and therefore unreliable – Found respondent attended second mediation to resolve outstanding issues – Found by signing reference respondent rectified breach – No penalty awarded |
| Result | Application dismissed ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Penalty |
| Number of Pages | 4 |
| PDF File Link: | aa 112_10.pdf [pdf 15 KB] |