| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 116/10 |
| Determination date | 28 June 2010 |
| Member | D Asher |
| Representation | M MacManus ; M Gapp |
| Location | Wellington |
| Parties | Greer v Pro Parts Palmerston North Ltd |
| Summary | COMPLIANCE ORDER – Applicant resubmitted application seeking compliance with mediated settlement – Respondent agreed to pay applicant sum under settlement agreement – Payment not made by agreed date – Authority previously accepted respondent not able to comply and parties agreed on weekly payment rate respondent could afford – Authority reserved leave should respondent not meet weekly payments – Respondent unilaterally reduced weekly payment amount – Applicant sought proof of financial difficulties and warned would take further Authority action – Respondent refused to provide information sought – Authority found burden of loss weighed more on applicant than respondent – Found unreasonable for applicant to face possibility of further unilateral deductions given absence of financial records and failure to communicate by respondent – Found respondent’s breaches were good faith issue – Found unreasonable to allow respondent further discretion – Authority ordered respondent to pay entire sum owing within 28 days of determination – Compliance ordered |
| Result | Compliance ordered ; Disbursements in favour of applicant ($70.00)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149 |
| Cases Cited | Greer v Pro Parts Palmerston North Ltd unreported, D Asher, 27 Aug 2009, WA 119/09 |
| Number of Pages | 5 |
| PDF File Link: | wa 116_10.pdf [pdf 21 KB] |