| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 72/10 |
| Hearing date | 18 Mar 2010 |
| Determination date | 19 March 2010 |
| Member | P Cheyne |
| Representation | J Sanders ; P Sutherland |
| Location | Christchurch |
| Parties | Fogden v Drains and Developments Ltd |
| Summary | COMPLIANCE ORDER – PENALTY – Applicant sought remedies to enforce settlement agreement (“SA”) – Applicant also sought penalty for failure to provide and wage and time records – Authority found term of SA that all holiday pay to be paid – Found respondent not entitled to make deduction from holiday pay – Authority ordered respondent to pay applicant outstanding holiday pay – Respondent argued applicant returned different materials to that stated in SA – Found blameworthy conduct by respondent by failing to explain calculations and engage to resolve differences – Found respondent deliberately delayed paying the compensation – Found respondent’s conduct merited imposition of penalty – Found public interest in punishing wilful non-compliance with settlements – Found for mediation to work parties must have confidence in enforceability of settlements – Found $1,500 penalty appropriate part payable to applicant and Crown – Compliance ordered – COSTS – Respondent ordered to pay applicant $1,500 contribution to costs |
| Result | Compliance ordered ; Penalty ($1,500) (Shared) ; Interest (4.5%) ; Costs in favour of applicant ($1,500) |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s149(4);ERA Second Schedule cl11 |
| Number of Pages | 4 |
| PDF File Link: | ca 72_10.pdf [pdf 20 KB] |