| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 75 |
| Hearing date | 28 Apr 2011 |
| Determination date | 09 May 2011 |
| Member | D Asher |
| Representation | G Bllara ; A Gandhi (in person) |
| Location | Wellington |
| Parties | Sharma v Gandhi |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent personally guaranteed settlement payment – Settlement agreement entered in good faith in reliance on sale of business which did not eventuate – Respondent company went into liquidation – Respondent claimed did not understand what was agreed to and pressured to reach agreement – Authority did not accept respondent’s claims – Authority had every confidence significance of agreement would have been explained by mediator – No payments made – Respondent claimed had no money to make payments – Found unclear why respondent made personal guarantee if sale of business did not proceed – Found inability to pay not determinative as to issue of enforcement – Respondent’s offer to pay $20-$25 weekly showed some ability to pay – Compliance ordered – PENALTY – Applicant sought penalty against respondent for breach of record of settlement – Found importance of adhering to records of settlement fundamental – Found breach not technical or inadvertent but deliberate – $250 penalty appropriate – COSTS – Half day investigation meeting – Applicant sought contribution to costs - $1,500 contribution to costs appropriate |
| Result | Compliance ordered ; Penalty ($250)(Payable to applicant) ; Costs in favour of applicant ($1,500) |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s137(3);ERA s149;ERA s151;ERA s159;District Court Rules 2009 Part 15 |
| Cases Cited | PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_75.pdf [pdf 17 KB] |