| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 120 |
| Hearing date | 3 May 2012 |
| Determination date | 20 June 2012 |
| Member | H Doyle |
| Representation | B McDonald (In Person) ; M Maxwell |
| Location | Queenstown |
| Parties | McDonald v Lakes District Museum Inc |
| Summary | PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed parties had settled all issues and applicant estopped from pursuing personal grievance - Retail and Administration Manager |
| Abstract | Applicant employed as retail and administration manager. Applicant claimed unjustifiably dismissed by respondent. Applicant made redundant and claimed redundancy not genuine but excuse to ‘get rid of’ employees respondent director had personal issues with. Respondent told applicant not obliged to pay applicant’s long service leave on redundancy but offered to pay applicant lump sum payment in full and final settlement of all issues between parties. Applicant signed offer. Respondent claimed parties had resolved all matters and, as settlement and accord, applicant estopped from pursuing personal grievance.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Nothing in respondent’s letter referring to anything other than long service pay. No meeting of parties’ minds that settlement payment was in satisfaction of any personal grievance claim other than long service leave issue. Authority not satisfied was accord and satisfaction between parties. Applicant not estopped from pursuing personal grievance. Authority directed parties to attend mediation. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Graham v Crestline Pty Limited [2006] ERNZ 848 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Christchurch_120.pdf [pdf 125 KB] |