| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 105 |
| Hearing date | 17 Mar 2011 |
| Determination date | 18 March 2011 |
| Member | R Arthur |
| Representation | D Martin ; no appearance |
| Location | Auckland |
| Parties | V v An Incorporated Society |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – No appearance by respondent – Order prohibiting publication of identifying details of parties – Mediator confirmed parties understood agreed terms final, binding and enforceable, could not be cancelled and could not be brought before Authority or court for review except for purpose of enforcing terms – Applicant sought orders respondent comply with agreed terms by providing reference, writing letter to Police stating no grounds for allegations made, and pay second instalment of agreed compensation – Respondent claimed complied with mediated settlement – Authority found respondent had adequate opportunity to review legal obligations and prepare to participate in investigation meeting – Found respondent breached mediated settlement by late payment of instalments of compensation, provision of inadequate and non-compliant reference and failure to write to Police – Compliance ordered – COSTS – Less than one day investigation meeting – Applicant sought contribution to costs – $1,000 contribution to costs appropriate |
| Result | Compliance ordered ; Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($143)(Filing fees) |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s138;ERA s149;ERA Second Schedule cl10 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_105.pdf [pdf 27 KB] |