| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 383/10 |
| Hearing date | 13 Aug 2010 |
| Determination date | 25 August 2010 |
| Member | A Dumbleton |
| Representation | R Upton ; M Adlam (in person) |
| Location | Auckland |
| Parties | The Trustees of the Ahipara Health and Resource Trust v Adlam |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with terms of settlement – Applicant claimed respondent breached terms of settlement – Applicant claimed respondent made statements and utterances at marae meeting, sent trustees letter and threatened to notify public Trust breached settlement and acted unlawfully – Authority found derogatory for respondent to draw attention of third parties to breaches – Found threatening behaviour not foundation for compliance order – Found letter did not breach terms of settlement and therefore no basis for compliance – Witness denied respondent made derogatory comments at marae meeting – Found witness credible – Found breach of compliance risked fines and imprisonment – Found better proof of breach required before exposing respondent to risk – Found evidence fell short of standard required – Found no breaches of terms of settlement – PENALTY – Applicant sought $5,000 penalty for breach of terms of settlement – Found no breaches and no penalty awarded |
| Result | Applications dismissed ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(iii);ERA s149(4);ERA s150 |
| Number of Pages | 9 |
| PDF File Link: | aa 383_10.pdf [pdf 40 KB] |