| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 67 |
| Hearing date | 21 Feb 2011 |
| Determination date | 21 February 2011 |
| Member | R Arthur |
| Representation | E Hartdegen ; no appearance |
| Location | Auckland |
| Parties | Pietersen v Fredco Freemans Bay Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – No appearance for respondent – Respondent proposed reducing weekly instalments due to serious downturn in business and loss of several staff members – Applicant claimed entitled to compliance order as time for payment of entire sum set out in settlement agreement expired – Compliance ordered – Interest payable – COSTS – Less than one hour investigation meeting – Applicant sought costs on solicitor-client basis because of seriousness of breaching settlement agreement – Found reasonably incurred costs totalled $2,500 – Found upwards adjustment of typical tariff appropriate – Found respondent unnecessarily increased costs – Found applicant should not have had to incur further legal expenses to recover money due - $2,000 contribution to costs appropriate |
| Result | Compliance ordered ; Costs in favour of applicant ($2,000) |
| Main Category | Compliance Order |
| Statutes | ERA s140(4);ERA s149 |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_67.pdf [pdf 15 KB] |