Compliance Order - Employment Relations Act 2000
Bergin v Canon New Zealand Ltd
19 Mar 2008, M Urlich, AA 104/08, (2 pages)
COMPLIANCE ORDER - Applicant sought order requiring respondent disclose information relating to restructuring of his position - Respondent stated all relevant information provided and information applicant sought did not exist - After filing application, applicant advised redundant and he filed unjustified dismissal claim - Consultation process complete - Compliance order could not be made retrospectively for breach that was not ongoing - Application declined - Authority advised parties it would require them to provide all relevant information for investigation of dismissal
Result:
Application dismissed ; Costs reserved
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Clark v Sal's Trading Company Ltd
3 Dec 2007, V Campbell, AA 378/07, (3 pages)
COMPLIANCE ORDER - Applicant sought compliance with mediated record of settlement - Respondent claimed settlement signed under duress and asked for matter to be referred back to mediation - Record of settlement could not be cancelled - Compliance ordered - Missed instalments to be paid to applicant as lump sum - Authority not satisfied would be just to award interest on outstanding amount - PENALTY - Respondent claimed payments not made as not in financial position to do so - Availability of funds not relevant to whether breach of settlement wilful - No evidence respondent took steps to comply with record of settlement or explain to applicant why payments would not be made as agreed - Failures amounted to wilful breach of agreed terms - Penalty appropriate - COSTS - Applicant entitled to contribution to costs
Result:
Compliance ordered ; Penalty ($500)(Payable to applicant) ; Costs in favour of applicant ($250) ; Disbursements ($70)(Filing fee)
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Cleverley v United Corporation Ltd
19 Oct 2007, L Robinson, AA 332/07, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with Authority determination - No appearance by respondent - Authority satisfied respondent had not complied with determination - Compliance ordered - Respondent warned of consequences of failure to comply
Result:
Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
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Denyer (Labour Inspector) v Les Griffen Ltd
1 Apr 2008, M Urlich, AA 121/08, (2 pages)
COMPLIANCE ORDER - Applicant Labour Inspector sought compliance with Authority determination - No appearance by respondent - Authority satisfied respondent had not complied with determination - No satisfactory excuse or justification for failure - Compliance ordered - Respondent warned of consequences of failure to comply
Result:
Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
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Frost and Ors v Openeye Displays NZ Ltd
20 Feb 2008, L Robinson, AA 57/08, (3 pages)
COMPLIANCE ORDER - Applicants sought compliance with record of settlement - Authority satisfied respondent had not complied with settlement - Settlement provided for agreed sum to be paid to applicants when money available, but no time frame specified - Authority considered it proper to infer respondent did not challenge allegation it had not paid - Respondent not heard to say it had not received sufficient monies to discharge obligations - By default, Authority found respondent had received monies to pay applicants - Respondent breached record of settlement and non-compliance continued - Just to underscore values of Employment Relations Act 2000 by intervening to enforce compliance - Compliance ordered in time frame specified by Authority
Result:
Compliance ordered ; No order for costs
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Griffin v Priestley and Somerville Ltd (previously named Debt Recovery Group NZ Ltd)
31 Oct 2007, M Urlich, AA 343/07, (3 pages)
COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Respondent did not dispute failure to fulfil settlement obligations - Advised liquidator to be appointed to wind up company - No evidence presented which would render compliance order of no practical benefit - Compliance ordered - PENALTY - Respondent's breach of settlement wilful - Penalty warranted - COSTS - Applicant entitled to full costs
Result:
Compliance ordered ; Penalty ($1,000)(Payable to Crown) ; Costs in favour of applicant ($2,500) ; Disbursements ($157.50)(Expenses) ; ($70)(Filing fee)
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Henning (Labour Inspector) v Two Rivers Ltd
29 Nov 2007, H Doyle, CA 146/07, (3 pages)
COMPLIANCE ORDER - Compliance with demand notice sought - No objection to demand notice - No appearance for respondent - Amount set out in demand notice remained outstanding - Respondent directed to comply
Result:
Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
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Hinchcliffe-Chen (Labour Inspector) v T.S.V. Wheel Alignment and Suspensions Ltd
17 Jan 2008, G J Wood, WA 3/08, (2 pages)
COMPLIANCE ORDER - Applicant Labour Inspector sought compliance with demand notices for unpaid holiday pay - No appearance by respondent - No objection to demand notices - Authority unable to conclude no prospect of order being enforced as no evidence provided by respondent - Compliance ordered - Respondent warned of consequences of failure to comply
Result:
Compliance ordered ; Disbursements in favour of applicant ($150)(Filing fee)
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Klenner t/a Glorit Farms v Macdonald
12 Mar 2008, Y S Oldfield, AA 90/08, (2 pages)
CONSENT ORDER - PRACTICE AND PROCEDURE - Application to reopen investigation - Matters disposed of by earlier determination - Applicant (originally respondent) alleged did not receive notice of investigation meeting and wanted opportunity to be heard - Respondent (original applicant) consented to matter being reopened - Orders accordingly
Result:
Consent order granted ; Orders accordingly ; No order for costs
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Licensed Media Ltd v Paddock
29 Jan 2008, R Arthur, AA 24/08, (4 pages)
COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Parties agreed respondent would pay sum to applicant by instalments - If instalment missed, full balance of agreed sum became due - Applicant's evidence of sum outstanding accepted - Compliance ordered - Authority required to specify time frame for compliance - Respondent claimed would be in position to make full payment in six months - Applicant's submission that would be unduly long time accepted - Compliance required within 42 days of determination - Authority noted applicant had advised would try to "work out a way forward" with respondent before taking further enforcement steps - Non publication order prohibiting publication of amount due, except where necessary for enforcement - Applicant not entitled to interest as outstanding sum arose from agreement not judgment - Penalty not available as action not started with 12 months of cause of action becoming known to applicant - COSTS - One hour investigation meeting - Applicant entitled to reasonable contribution to total costs of $1,500 - Authority calculated reasonable costs as $750
Result:
Compliance ordered ; costs in favour of applicant ($750) ; Disbursements ($70)(Filing fee)
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Pearce v Mane Hair and Beauty (2007) Ltd
27 Mar 2008, R A Monaghan, AA 114/08, (3 pages)
COMPLIANCE ORDER - Applicant sought compliance with record of settlement - Respondent had not made payments to applicant as agreed - Claimed financial position prevented it making lump sum payments - Offered to pay by instalments, already made one payment in this manner - High threshold to be reached before could be said employer's financial position "required" order for payment by instalments - While material provided by respondent showed business struggling, Authority not persuaded situation so serious order for payment by instalments required - Compliance ordered - PRACTICE AND PROCEDURE - Applicant also invited Authority to consider penalties - Not appropriate to raise new claims for first time in submissions - Open to applicant to seek penalties, but matters not within scope of present determination
Result:
Compliance ordered ; No order for costs
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Rikhi v ANZ Teleport & Broadcast Ltd
18 Dec 2007, R Arthur, AA 400/07, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with mediated settlement - No appearance by respondent - Applicant had not received sum owed under agreement - Had also not received reference and personal property as agreed - Compliance ordered - Respondent warned of consequences of failure to comply
Result:
Compliance ordered ; No order for costs
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Taljaard (Labour Inspector) v Jatcom Printing Ltd t/a The Pukekohe Printing Works
20 Feb 2008, L Robinson, AA 55/08, (3 pages)
COMPLIANCE ORDER - Applicant Labour Inspector sought compliance with Authority determination - No appearance by respondent - Authority satisfied respondent had not complied with determination - No satisfactory excuse or justification for this - Compliance ordered - Respondent warned of consequences of failure to comply
Result:
Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
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Taylor v Mai Media Ltd
21 Nov 2007, M Urlich, AA 365/07, (4 pages)
COMPLIANCE ORDER - Applicant sought compliance with record of settlement and interest on outstanding amount - Respondent failed to pay agreed sum by agreed date - Payment made after present application lodged with Authority - No grounds to make compliance order - No sum for judgment given, so no basis upon which Authority could order interest - PENALTY - Respondent claimed failed to pay as expected funds unavailable and number of unexpected financial difficulties arose - Availability of funds not relevant to whether breach of agreement amounted to wilful breach - No evidence respondent took any steps to pay agreed sum, or explain to applicant why it would not be paid on time - Failures amounted to wilful breach of agreed terms - Penalty of $500 appropriate - COSTS - Less than one day investigation meeting - Applicant entitled to $1,000 contribution to costs
Result:
Application dismissed (Compliance, Interest) ; Application granted (Penalty) ; Penalty ($500)(Payable to applicant) ; Costs in favour of applicant ($1,000) ; Disbursements ($70)
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Waipouri v Rightside Properties Ltd
22 Jan 2008, L Robinson, AA 19/08, (2 pages)
COMPLIANCE ORDER - Applicant sought compliance with Authority determination - No appearance by respondent - Respondent's director confirmed it had not complied with determination - Compliance ordered - Respondent warned of consequences of failure to comply
Result:
Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
