| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 326 |
| Hearing date | 22 Jul 2011 |
| Determination date | 25 July 2011 |
| Member | R Larmer |
| Representation | Ngatai ; no appearance |
| Location | Auckland |
| Parties | Brenchley v Woolston |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – No appearance for respondent – Applicant claimed no money paid and respondent had not responded to applicant’s efforts to find out why payment not made – Under terms of settlement applicant withdrew personal grievance claim – Authority found appropriate to set out confidential terms of settlement – Found respondent clearly breached terms of settlement and failed to provide reasons for non-compliance – Respondent’s solicitor could not contact respondent – Found mediation not appropriate – Found unless compliance order made unlikely respondent would comply with terms of settlement – Compliance ordered – Interest payable – PENALTY – Found harm serious – Found applicant compromised personal grievance claim for much less than believed it was worth on basis would be paid quickly – Found respondent’s breach of terms of settlement put applicant under serious financial pressure which adversely affected applicant’s relationship with wife – Found respondent’s breach flagrant and deliberate – Found respondent aware of terms of settlement – Found respondent ignored many attempts to contact respondent – Found breach sustained and ongoing – Found in public interest to impose penalty - $5,000 penalty appropriate |
| Result | Compliance ordered ; Interest (5%) ; Penalty ($5,000)($1,500 to Crown)($3,500 to applicant) ; No order for costs ; Disbursements in favour of applicant ($323.76)(Filing fee, petrol and personal service) |
| Main Category | Compliance Order |
| Statutes | ERA s135;ERA s137(1)(a)(iii);ERA s149(3);ERA s149(4);ERA s151;ERA Second Schedule cl11;Judicature Act 1908 s87(3);Judicature (Prescribed Rate of Interest) Order 2011 |
| Cases Cited | Amey v Komene & Anor unreported, J Crichton, 27 Nov 2008, CA 178/08;Grenside v Gaskin unreported, D Asher, 30 April 2007, WA 67/07;Gaskin v Grenside unreported, Shaw J, 27 Sept 2007, WC 20A/07;Xu v MacIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 11 |
| PDF File Link: | 2011_NZERA_Auckland_326.pdf [pdf 31 KB] |