| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 169 |
| Determination date | 03 November 2011 |
| Member | M B Loftus |
| Representation | S Zindel ; G Browne |
| Location | Christchurch |
| Parties | Palmer v SBA Pacific Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent claimed terms of settlement nullified by passage of time – Authority found matter did not progress further at time due to Christchurch earthquake – Found once file recommenced respondent failed to participate in process – Settlement provided for positively worded reference and $2,500 compensation payable by instalments – Found first $1,000 payment made by respondent – Applicant claimed did not receive following two payments – Authority satisfied settlement entered into – Found applicant’s assertion of non-payment not denied – Found respondent’s response that too much time had passed inadequate – Found suggestion applicant failed to pursue matter incorrect – Found far greater onus on respondent to honour agreement – Compliance ordered |
| Result | Compliance ordered ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s139;ERA s149;Limitation Act 2010 s11(1) |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_169.pdf [pdf 17 KB] |