| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 32/10 |
| Determination date | 23 February 2010 |
| Member | D Asher |
| Representation | S Freeman (in person) ; no appearance |
| Location | Wellington |
| Parties | Freeman v Garage Inc Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with record of settlement – No appearance for respondent – Applicant confirmed no money received from respondent per record of settlement – Authority found respondent failed to make any payments to applicant and in breach of three instalments – Found no evidence provided by respondent of any trading difficulties – Compliance ordered – Interest payable – PENALTY – Applicant sought penalty for non-compliance – Found no evidence provided by applicant that formula for each breach until rectified was genuine estimate of loss that parties expected would be caused by that breach – Found applicant significantly inconvenienced by breach as has not had use of money and put to much effort in seeking compliance – $1,000 penalty appropriate |
| Result | Compliance ordered ; Interest (4%) ; Penalty ($1,000)(Payable to applicant) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s133;ERA s136(2);ERA s139 |
| Cases Cited | Ozturk v Gultekin t/a Halikarnas Restaurant [2004] ERNZ 572 |
| Number of Pages | 5 |
| PDF File Link: | wa 32_10.pdf [pdf 21 KB] |