Ex-employee dodging $140k settlement payments ordered to pay up

More than a year after the thousands were due, the employee has been ordered to pay up, with interest. Photo / File

A woman who owes her former employee more than $100,000 has been told by the Employment Relations Authority to pay up.

Jennifer Gower was ordered to pay former employer Fusion Property Group (FPG) the $144,637.82 by the end of July last year.

The sum represented losses incurred by the company because of Gower's actions, a recent Employment Relations Authority decision says.

But nearly a year after the payment was due, she hasn't paid a cent.

"Since the date the settlement monies were due under the record of settlement Ms Gower
has made repeated assurances to FPG that she would pay the settlement monies," adjudicator Marija Urlich said.

"She has made no payments."

Gower didn't deny to the authority that she had breached the settlement and the FPG was granted a compliance order, to enforce the payment of the outstanding thousands.

"There is no basis on which I can reasonably conclude that Ms Gower's breach of the
record of settlement was inadvertent, minor or technical," Urlich said.

"Ms Gower has described in broad terms financial difficulties she says have impacted
her ability to pay the settlement monies. She has provided no evidence to support this claim."

She was ordered to pay the outstanding amount within 28 days of the decision, plus a $6000 penalty for breaching the settlement agreement.

"I find Ms Gower is liable for a penalty of $6000, which is within the range of penalties currently imposed for failure to pay monies due under a record of settlement and is proportionate to the seriousness of the breach and harm caused.

"In the circumstances of this matter it is just for half the penalty sum ($3000) to be paid
to FPG by Ms Gower. The remainder must be paid to the authority for payment into a Crown bank account."

She was also ordered to pay FPG $1000 towards the costs of seeking the outstanding money, as well as a filing fee.

If Gower fails to comply with the issued compliance order, she risks a fine of up to $40,000 or imprisonment of up to three months.