| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 432/10 |
| Hearing date | 1 Oct 2010 |
| Determination date | 01 October 2010 |
| Member | R A Monaghan |
| Representation | D Tyrrell (in person) ; no appearance |
| Location | Auckland |
| Parties | Tyrrell v Quadrant Wholesalers Ltd |
| Summary | COMPLIANCE ORDER - No appearance for respondent - Applicant sought compliance with mediated settlement agreement - Applicant claimed respondent failed to pay agreed sum - Respondent claimed would pay part of sum owed but did not agree to pay remainder on ground applicant owed respondent $2,000 - Respondent claimed paid applicant $2,000 at commencement of employment on understanding applicant would work for respondent until retired - Respondent claimed as that did not happen applicant to repay money - Authority found clause 5 of mediated settlement agreement provided agreement was full and final settlement of all matters between parties arising out of employment relationship and termination thereof - Found clause 5 applied to prevent respondent from claiming applicant owed $2,000 to respondent - Found respondent had failed to comply with agreement - Compliance ordered - Interest awarded - PENALTY - Applicant sought penalty for breach of agreement - Authority found respondent breached agreement - Found breach wilful - Found penalty appropriate - $1,000 penalty awarded |
| Result | Compliance ordered ; Interest (5.2%) ; Penalty ($1,000)(Payable to Crown) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s149(4) |
| Cases Cited | Marlow v Yorkshire New Zealand Ltd [2000] 1 ERNZ 206 |
| Number of Pages | 5 |
| PDF File Link: | aa 432_10.pdf [pdf 22 KB] |