| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 124/10 |
| Determination date | 17 March 2010 |
| Member | J Wilson |
| Representation | A Bhatt, S Gloyn ; B Rooney |
| Location | Auckland |
| Parties | Assured Financial Peace Ltd & Prosper With Us Ltd v Pais |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement agreement (“SA”) – Applicant sought order instructing respondent withdraw complaint made to Institute of Financial Advisers (“IFA”), and refrain from providing assistance to IFA as mentioned in respondent’s email – Applicant also sought order agreed monetary payment be made within seven days of applicant receiving confirmation of withdrawal of allegations – Respondent argued had complied with SA and sought payment of money owing under SA – Respondent argued orders sought by applicant went beyond jurisdiction of Authority – Applicant also argued respondent a contractor and issue should have been addressed before parties entered SA – Authority found applicant an employee – Found implication from IFA letter that matter concerning applicant now closed – Found respondent’s circumvention of wording of agreement had no adverse effect on applicant and companies – Found withdrawal of complaint by applicant did not interfere with course of justice – Found SA not an illegal contract and was enforceable – Found compensatory sum without deduction of tax payable to respondent – Applicant ordered to comply with SA |
| Result | Compliance ordered (in favour of respondent) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s149;Illegal Contracts Act 1970 s3 |
| Number of Pages | 9 |
| PDF File Link: | aa 124_10.pdf [pdf 30 KB] |