| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 158 |
| Hearing date | 30 Jul 2012 |
| Determination date | 31 July 2012 |
| Member | A Dumbleton |
| Representation | J Kilkelly ; B Dorking |
| Location | Christchurch |
| Parties | Grant v Vice Chancellor University of Otago |
| Summary | PRACTICE AND PROCEDURE – Respondent sought order applicant’s claim frivolous or vexatious – Authority found settlement agreement not resolution of substance of employment relationship problem but settlement of procedure for achieving future resolution of problem – Found applicant’s claim not frivolous or vexatious |
| Abstract | Respondent sought order applicant’s claim frivolous or vexatious. Applicant claimed unjustifiably disadvantaged by respondent. Parties entered settlement agreement (“SA”) in which parties agreed employment relationship problem should be resolved in mediation. Applicant dismissed subsequently and claimed unjustifiably dismissed by respondent. Respondent claimed SA precluded applicant from bringing unjustified disadvantage personal grievance. Applicant claimed SA not full and final settlement of applicant’s claim.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: SA not resolution of substance of employment relationship problem but settlement of procedure for achieving future resolution of problem. SA arguably unenforceable by compliance order as had appearance of agreement to agree. Open to parties to acknowledge to Authority that mediation unsuccessful and settlement of substantive problem unlikely and thus open to applicant to bring unjustified disadvantage personal grievance. Applicant’s claim not frivolous or vexatious. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149;ERA Second Schedule cl12A |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_158.pdf [pdf 201 KB] |