| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 221 |
| Hearing date | 11 Oct 2012 |
| Determination date | 12 October 2012 |
| Member | M B Loftus |
| Representation | S McLeod (in person) ; P Shaw |
| Location | Christchurch |
| Parties | McLeod v West Coast District Health Board |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with parties’ settlement agreement (“SA”) – Authority found no express provision in SA requiring respondent’s employees be notified of applicant’s resignation – No breach of SA with regard to respondent’s failure to notify employees of applicant’s resignation – Compliance with respondent’s obligation to provide written reference ordered |
| Abstract | Applicant sought compliance with parties’ settlement agreement (“SA”). SA provided arrangement for applicant to leave respondent’s employment and stipulated respondent would provide agreed written reference within seven days. After applicant removed belongings from respondent’s premises respondent asked applicant’s representative what communication should be provided to respondent’s employees regarding applicant’s resignation. Respondent considered applicant’s response inappropriate and told staff instead of applicant’s resignation in informal manner. Applicant claimed implied term of SA respondent would advise staff of applicant’s resignation in manner contended for by applicant. Applicant claimed respondent failed to provide written reference. Respondent acknowledged failed to provide reference and after discussion terms of reference agreed at investigation meeting.;AUTHORITY FOUND –;COMPLIANCE ORDER: No express provision in SA requiring respondent’s employees be notified of applicant’s resignation and no evidence of discussion in this regard at time parties agreed SA. No breach of SA with regard to respondent’s failure to notify employees of applicant’s resignation. Compliance with respondent’s obligation to provide written reference ordered. |
| Result | Application partially granted; Compliance ordered (partially); Costs reserved |
| Main Category | Compliance Order |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_221.pdf [pdf 140 KB] |