| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 538 |
| Determination date | 19 December 2011 |
| Member | E Robinson |
| Representation | K Philpott (in person) ; A Lubbe, K Dunn |
| Location | Auckland |
| Parties | Philpott v ANZ National Bank Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether accord and satisfaction – Whether applicant precluded from bringing employment relationship problem as all matters settled in settlement agreement (“SA”) – Applicant claimed signed SA under duress which arose from circumstances at time of signing, which was only weeks away from defaulting on home loan to bank and needed money urgently for medical operation – Authority found applicant under economic pressure which did not constitute duress and would not impair consent – Found ample opportunity for applicant to obtain legal advice on terms of SA – Found applicant made valid consent to SA – Found SA not signed by mediator – Found SA still binding – Found no evidence applicant lacked capacity to understand nature of transaction applicant was entering – Found applicant consented to SA in full understanding of nature of transaction – Found was offer, acceptance and consideration – Whether applicant’s claim frivolous and vexatious – Found applicant’s claim frivolous – Found applicant admitted in letter that SA legally binding – Found applicant’s motivation in bringing claim was to leverage further payment from respondent |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl12A |
| Cases Cited | Pharmacy Care Systems Ltd v Attorney General (2004) 2 NZCCLR 187;Graham v Crestline PTY Limited [2006] ERNZ 848;Scott v Wise [1986] 2 NZLR 484;STAMS v MM Metals Ltd [1993] ERNZ 115 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_538.pdf [pdf 33 KB] |