| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 496/10 |
| Hearing date | 29 Nov 2010 |
| Determination date | 29 November 2010 |
| Member | A Dumbleton |
| Representation | M Nutsford ; D Webb |
| Location | Auckland |
| Parties | Dawson v Top Freight Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with mediated settlement agreement - Successful unjustified dismissal claim - Authority awarded applicant reimbursement of lost wages and compensation - Respondent indicated intended to file de novo challenge in Employment Court - Parties negotiated settlement where applicant to be paid sum less than amount awarded in Authority but respondent would not file challenge - Authority found no dispute respondent failed to comply with terms of settlement - Respondent claimed failure to comply due to lack of money - Applicant rejected respondent’s offer to pay sum in instalments - Authority found no basis not to order compliance - Found parties clear about situation, legally represented, and negotiated settlement - Compliance ordered - Respondent warned of consequences of failure to comply - COSTS - Successful compliance order - Length of investigation meeting not specified - Applicant entitled to contribution to costs as should not have had to make application - Respondent to pay applicant $375 contribution to costs plus filing fee |
| Result | Compliance ordered ; Costs in favour of applicant ($375) ; Disbursements in favour of applicant ($71.56)(Filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s149;ERA s151 |
| Cases Cited | Dawson v Top Freight Ltd unreported, V Campbell, 16 Sep 2010, AA 415/10 |
| Number of Pages | 3 |
| PDF File Link: | aa 496_10.pdf [pdf 13 KB] |