| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 126/10 |
| Determination date | 16 July 2010 |
| Member | D Asher |
| Representation | A Tayler ; no appearance |
| Location | Wellington |
| Parties | Cao and Anor v Global Horticulture & Verticulture Ltd and Anor |
| Other Parties | Chen, Choudhry |
| Summary | COMPLIANCE ORDER – PENALTY – No appearance for respondents - Applicants sought compliance with earlier Authority determination – Communications with second respondent made clear determination breached and aware compliance order would be sought – Authority found respondents flagrantly and deliberately breached determination - Found while applicants did not provide evidence of damage arising from respondents’ continuing breach of determination, failure to comply no better than initial breach which led to determination – Compliance ordered - Found appropriate to address harm suffered by way of penalty award – Respondents ordered to pay $2,000 penalty to applicants – COSTS – Authority found claim for costs on indemnity basis unsupported – Found $700 reasonable contribution to costs appropriate – Costs in favour of applicants |
| Result | Applications granted ; Compliance ordered ; Penalty ($2,000)($1,000)(First applicant) ($1,000)(Second applicant) ; Costs in favour of applicants ($700) |
| Main Category | Compliance Order |
| Statutes | ERA s136(2);ERA s160(1);ERA s173 |
| Cases Cited | Cao and Anor v Global Horticulture & Verticulture Ltd and Anor unrep, D Asher, 2 Feb 2010, WA 15/10 |
| Number of Pages | 6 |
| PDF File Link: | wa 126_10.pdf [pdf 22 KB] |