| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 115 |
| Hearing date | 5 Jun 2012 |
| Determination date | 05 June 2012 |
| Member | D Appleton |
| Representation | R Gapuzan (In Person) ; G Carter |
| Location | Christchurch |
| Parties | Gapuzan v Pratt & Whitney Air New Zealand t/a Christchurch Engine Centre |
| Summary | BREACH OF CONTRACT – Applicant sought damages for respondent’s breach of settlement agreement (“SA”) – Authority found respondent not obliged to send information to third party – Found respondent’s statement applicant’s injury not caused by applicant’s work expression of opinion in relation to matter of causation and not disparaging remark – No breach of SA – GOOD FAITH – Applicant claimed respondent breached good faith obligations – Found respondent’s duty of good faith ended with termination of applicant’s employment except to extent duty contained in SA – No breach of duty of good faith |
| Abstract | Applicant sought damages for respondent’s breach of settlement agreement (“SA”). Applicant claimed respondent breached good faith obligations. Applicant made claim to ACC that required respondent to complete form. Parties entered SA under which applicant resigned and parties agreed would only speak of each other to third parties in positive or neutral terms. Respondent believed not required to send form to ACC as applicant no longer employed by respondent. Applicant’s claim declined but applicant told claim would be reconsidered if respondent submitted form. Respondent submitted form with opinion that applicant’s injury not caused by applicant’s work and statement that applicant’s work did not involve lifting weights above one kilogram. Applicant’s claim declined. Applicant claimed respondent breached SA by failing to send form by deadline, stating opinion that applicant’s injury not caused by applicant’s work and making misleading statement that applicant’s work did not involve lifting weights above one kilogram.;AUTHORITY FOUND –;BREACH OF CONTRACT: Respondent’s failure to send form not breach of SA as SA did not oblige respondent to send information to third party. Respondent’s statement that applicant’s injury not caused by applicant’s work expression of opinion in relation to matter of causation and not disparaging remark. Respondent’s statement that applicant’s work did not involve lifting weights above one kilogram did not breach SA. No breach of SA.;GOOD FAITH: Respondent’s duty of good faith ended with termination of applicant’s employment except to extent duty contained in SA. No breach of SA so no breach of duty of good faith. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | Accident Compensation Act 2001;Accident Compensation Act 2001 s30;Privacy Act 1993 |
| Number of Pages | 9 |
| PDF File Link: | 2012_NZERA_Christchurch_115.pdf [pdf 143 KB] |