| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 120 |
| Hearing date | 24 Mar 2011 |
| Determination date | 29 March 2011 |
| Member | Y S Oldfield |
| Representation | M Donovan ; no appearance |
| Location | Auckland |
| Parties | Gosalia v Stapleton & Co Accountants Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with mediated settlement agreement (“SA”) - No appearance for respondent - Respondent claimed business had been sold and not in financial position to make payments required in SA in lump sum - Respondent also claimed applicant failed to comply with requirement of SA that return confidential information belonging to respondent - Authority found respondent had failed to make payments required under SA - Found payments due not expressed to be contingent on applicant complying with requirement to return information - However, Authority found not reasonable to require respondent to comply with its obligations when applicant not met his - Therefore applicant ordered to comply with requirements of SA and return information within specified time - Respondent ordered to comply with requirements on SA and make outstanding payments within specified time - Authority satisfied interest should be awarded on sums claimed by applicant to put him back in position would have been had terms of SA been complied with |
| Result | Compliance ordered ; Interest (4%) ; No order for costs |
| Main Category | Compliance Order |
| Statutes | Employment Court Regulations 2000 r11(1)(f);ERA s137(2);ERA Second Schedule |
| Cases Cited | House v Independent Power NZ Ltd unreported, A Dumbleton, 10 Aug 2004, AA 250/04 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_120.pdf [pdf 26 KB] |