| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 282 |
| Determination date | 01 July 2011 |
| Member | E Robinson |
| Representation | D Martin ; S Gordon |
| Location | Auckland |
| Parties | Doake v Juni Uni Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with Record of Settlement (settlement") - Settlement provided respondent would pay applicant $2,600 compensation - Applicant received $1,849 compensation after deductions for PAYE, student loan repayments and Kiwisaver contributions - Respondent claimed settlement referred to 4 weeks gross wages and parties agreed settlement's reference to s123(1)(c)(i) Employment Relations Act 2000 be removed as payment not compensation - Applicant claimed payment compensation and settlement referred separately to wages and holiday pay in another clause - Authority found compensatory sum not intended to be wages as settlement made separate provision for wages and holiday pay - Found settlement wording indicated compensatory payment and reasonable inference full amount would be paid to applicant - Applicant entitled to outstanding balance of $750 - Compliance ordered" |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s123(1)(b);ERA s149 |
| Cases Cited | Investors Compensation Scheme Ltd v West Brunswick Building Society [1998] 1 WLR 896;Madsen v Aotearoa International Ltd [1995] 1 ERNZ 325;New Zealand Insurance Guild IUOW v Guardian Royal Exchange Assurance of New Zealand Ltd [1978] ACJ 151;Trotter v Telecom Corporation of New Zealand Ltd [1993] 2 ERNZ 659;Unkovich v Air New Zealand Ltd [1993] 1 ERNZ 526;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_282.pdf [pdf 27 KB] |