Compliance order - Employment Relations Act 2000
Barlow and Anor v Bushline Trust Partnership
8 Nov 2007, D Asher, WA 149/07, (9 pages)
COMPLIANCE ORDER - Applicants sought compliance with mediated settlement agreement - Respondent submitted monies now sought by applicants not provided for in original settlement - Settlement included term referring issue of outstanding “statutory holidays” and sick leave to Labour Inspector - Respondent objected to Inspector’s interpretation of “statutory holidays” to include annual leave and holiday pay - Submitted words in agreement referred only to public holidays - Other types of leave creatures of statute and calculation properly took those into account - Parties bound by plain meaning of words - In addition, respondent had failed to keep proper records during employment, unfair and inconsistent with good faith for it to take issue with Inspector’s best efforts using information available - Labour Inspector’s findings consistent with role and settlement agreement - Respondent ordered to comply - Interest 9 percent - Further damages not appropriate - Farm workers
Result:
Compliance ordered ; Interest 9% ; Costs reserved
