| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 82/10 |
| Hearing date | 20 Apr 2010 |
| Determination date | 30 April 2010 |
| Member | G J Wood |
| Representation | G ogilvie ; J Langford |
| Location | Wellington |
| Parties | Kumar v Shree Shiv Shakti Ltd |
| Summary | COMPLIANCE ORDER – Parties entered into mediated settlement where respondent required to make payments on instalment basis – Respondent accepted had not made payments owing as could not afford it – Respondent conceded could not make payments at time entered agreement – Authority accepted respondent in difficult financial position evidenced by financial accounts and rent issues – Authority concluded appropriate to set instalment payments at $200 per week – Found applicant may have to wait unnecessarily long time to receive monies, however, alternative may be respondent forced to cease trading where applicant might receive nothing – Found if respondent’s business sold then respondent ordered to pay applicant remaining balance in full – Found usually breach of mediated settlement would warrant substantial penalty, however penalty likely to impose greater burden in circumstances – Compliance ordered |
| Result | Compliance ordered ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s138(4);ERA s149;ERA Schedule 2 cl10 |
| Number of Pages | 4 |
| PDF File Link: | wa 82_10.pdf [pdf 18 KB] |