The Employment Relations Authority has found that an employer was in breach of a settlement agreement reached at mediation.  It has issued a Compliance Order for the employer to pay the $4,000 due under the settlement agreement.  It also ordered the employer to provide the Certificate of Service agreed to without any adverse comments about the employee in the Certificate of Service.  A certificate previously provided with adverse comments does not comply with the requirement to provide a Certificate of Service.  That is because a Certificate of Service with adverse comments is unusable by the employee for providing to new employers.

In addition the ERA ordered the employer to pay a $5,000 penalty for his breaches of the settlement agreement.  $3,000 of that is to be paid to the employee with the $2,000 balance to the Crown.

Alan Knowsley

Employment Lawyer
Wellington