| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 512 |
| Hearing date | 30 Nov 2011 |
| Determination date | 01 December 2011 |
| Member | R A Monaghan |
| Representation | K Kay (in person) ; M Kirkman |
| Location | Auckland |
| Parties | Kay v Maori Boy Glass Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Applicant claimed payments withheld – Applicant claimed prospective employer unable to speak with respondent director (“K”) regarding reference – K claimed numerous efforts made to contact prospective employer – Applicant sought order that K discontinue making product sold in side business and receive half share of any profit from sales made after date of settlement – Authority found K not entitled to withhold payments under settlement – Found K’s explanation as to reference satisfactory – Found fact K continued dealing with product in question did not amount to breach of settlement – Found no breach of settlement provided any subsequent business activity separate from activities of side business – COUNTERCLAIM – Respondent claimed settlement should be set aside, parties returned to positions prior to entry into settlement and original dispute heard in Employment Court – Respondent claimed applicant failed to return stock – Applicant claimed withheld items because K had withheld payments required under settlement – Found applicant in breach of settlement – Respondent claimed applicant had not returned all stock – Found counterclaim could not proceed due to terms of settlement and s149 Employment Relations Act 2000 – PENALTY – Applicant sought penalty for non-compliance – Found inappropriate to impose penalty |
| Result | Application granted (compliance order) ; Compliance ordered ; Application dismissed (counterclaim) (penalty) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Compliance Order |
| Statutes | ERA s136(2);ERA s149;ERA s149(4) |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_512.pdf [pdf 25 KB] |