| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 355 |
| Determination date | 11 October 2012 |
| Member | J Crichton |
| Representation | R Lewis (in person) ; R Towner |
| Parties | Lewis v J P Morgan Chase Bank N.A. |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) - Authority found did not have jurisdiction to order compliance in circumstances – Found no jurisdiction for party to award damages – Found no evidence respondent had breached SA - Application dismissed |
| Abstract | Applicant sought compliance with parties’ settlement agreement (SA"). Applicant claimed respondent had breached SA and sought damages as respondent had refused to recognise applicant as chief executive officer of respondent. Respondent claimed applicant erroneously claimed entitled to references from respondent and respondent had only agreed to provide certificates of service.;AUTHORITY FOUND –;COMPLIANCE ORDER: Authority noted matter raised preliminary issue as to availability of relief applicant sought. SA did not fall within terms of s151 Employment Relations Act 2000. Authority did not have jurisdiction to order compliance in circumstances. No jurisdiction for party to award damages. No evidence respondent had breached SA. Application dismissed." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137(1)(a)(i);ERA s151 |
| Cases Cited | South Tranz Ltd v Straight Freight Ltd [2007] ERNZ 704 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_355.pdf [pdf 147 KB] |