Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 261/10
Determination date 31 May 2010
Member V Campbell
Representation M Penny ; D Stanway
Location Auckland
Parties Adam v Maintenance No 2 Ltd
Summary PENALTY – COSTS - Applicant sought penalties and interest for respondent’s breach of mediated settlement agreement – Authority declined penalties as breach not wilful or deliberate - Found no jurisdiction to award interest – Applicant sought costs associated with recovery of monies application – Found applicant incurred costs however amount sought not quantified – Authority declined to exercise discretion to award costs for recovery of monies
Result Applications dismissed ; Costs reserved
Main Category Recovery of Monies
Statutes ERA cl11, sch2;ERA cl15, sch2
Cases Cited Ruapehu District Council v Northern Local Government Officers' Union unreported, Castle J, 16 November 1992, WEC 54/92
Number of Pages 3
PDF File Link: aa 261_10.pdf [pdf 13 KB]