| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 142/10 |
| Determination date | 07 September 2010 |
| Member | P R Stapp |
| Representation | B Laracy ; I Reid |
| Location | Wellington |
| Parties | Lawson v Performance All Property Services Wellington Ltd |
| Summary | PENALTY - Applicant sought compliance with mediated record of settlement - Following applicant lodging Statement of Problem (“SOP”) respondent paid amount outstanding by cheque - Applicant sought penalty for non compliance and new penalty claims - Authority found record of settlement full and final settlement between parties therefore applicant prevented from pursuing new penalty claims - Found respondent had paid sum owed - Found no evidence respondent acted deliberately or wilfully in not paying on time - Found penalty for non compliance not appropriate - However, found lateness of payment deprived applicant of receiving payment on time and necessitated filing of SOP - Found respondent to take responsibility for late payment and applicant having to incur unnecessary expense of filing fee - Respondent to pay applicant filing fee |
| Result | Application dismissed ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Penalty |
| Number of Pages | 2 |
| PDF File Link: | wa 142_10.pdf [pdf 10 KB] |