| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 100 |
| Hearing date | 11 May 2011 |
| Determination date | 08 July 2011 |
| Member | J Crichton |
| Representation | S Boyce ; P Swarbrick |
| Location | Nelson |
| Parties | Henry v The Warehouse Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Applicant claimed respondent failed to pay $2,500 due under mediated settlement – Respondent claimed applicant breached confidentiality provisions of mediated settlement – Respondent claimed applicant told checkout operator that applicant “won” case – Respondent claimed treated mediated settlement as repudiated by applicant due to applicant’s breach and would hold funds in trust pending resolution of issues – Authority found applicant failed to address in evidence how checkout operator knew about applicant’s settlement – Authority rejected applicant’s assertion store manager spread word about settlement – Found applicant breached terms of mediated settlement – COUNTERCLAIM – PENALTY – Respondent sought $5,000 penalty – Found applicant not deliberate or wilful in behaviour – Authority not satisfied required to penalise applicant beyond loss of settlement proceeds – Found applicant should forego $2,500 otherwise entitled to - $2,500 to be retained by respondent |
| Result | Application dismissed (compliance order) ; Application granted (penalty) ; Penalty ($2,500)(Retained by respondent) ; Costs reserved |
| Main Category | Compliance Order |
| Cases Cited | Douglas v Hanes Sharley International Ltd unreported, L Robinson, 1 Feb 2007, AA 24/07 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_100.pdf [pdf 22 KB] |