| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 149/10 |
| Determination date | 21 September 2010 |
| Member | D Asher |
| Representation | C Sargeson ; P Wynd |
| Location | Wellington |
| Parties | Mills v Avatar Management Ltd t/a Maida Vale Retirement Village |
| Summary | COMPLIANCE ORDER – Applicant sought respondent’s compliance with settlement agreement – Applicant claimed respondent’s suggestion to pay sum owing at rate of $500 per month grossly inadequate as would take 27 months to satisfy debt – Claimed delay adverse to applicant’s financial position – Authority noted information received respondent did not say respondent could not pay lump sum agreed to but said would cause stress and further debt – Respondent had not offered suggestions as to a suitable spread other than arrangement adopted by respondent and opposed by applicant – Authority found in absence of evidence respondent can not make payment would be wholly unfair and unreasonable not to grant compliance order – Found not appropriate to order sum be paid by instalments – Found respondent to pay applicant sum owing in full – Interest payable on sum outstanding – Compliance ordered |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s138(4A) |
| Number of Pages | 6 |
| PDF File Link: | wa 149_10.pdf [pdf 30 KB] |