| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 118 |
| Determination date | 10 April 2012 |
| Member | R Arthur |
| Representation | Applicant in person ; R Warren |
| Location | Auckland |
| Parties | Murray v Intuto Ltd and Ors |
| Other Parties | Warren, MacCormick |
| Summary | JURISDICTION – Whether Authority had jurisdiction to deal with applicant’s claim - COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Applicant claimed had agreed to voluntary redundancy subject to first respondent (“IL”) honouring SA – Matter determined on papers – Applicant to remain employee of subsidiary of IL (“ICL”) – Respondent claimed had complied with SA and other matters not employment issues therefore Authority did not have jurisdiction to investigate matter - Applicant claimed IL failed to meet SA terms that applicant would transfer ICL shares to applicant’s family trust (“trust”), that ICL could use specified materials exclusively and trust would receive share of IL revenue – Authority found SA terms certain enough to be enforceable – Found SA terms applicant claimed had not been honoured were not owed to applicant personally – Found no evidence IL had not met SA obligations owed to applicant personally including payment of accrued leave and redundancy compensation – Found applicant bound by SA to accept payments as full and final settlement of employment-related grievances – Found applicant could not bring further claims in personal capacity before Authority – Found applicant’s redundancy not conditional on IL meeting obligations IL owed to trust and ICL – Found trust and ICL did not have employment relationship with IL therefore matter outside Authority’s jurisdiction – Application dismissed - Executive Director |
| Result | Application dismissed ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s114;ERA s114(4) |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_118.pdf [pdf 35 KB] |