Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 94/02
Hearing date 18 Sep 2002
Determination date 30 September 2002
Member P Cheyne
Representation C Fisher ; R McCormack (In person)
Location Christchurch
Parties Jordan v Reg McCormack t/a Drainage Specialists
Summary PRACTICE AND PROCEDURE - Jurisdiction - Whether Authority could enforce settlement from Employment Tribunal - Parties reached settlement of grievance under Employment Contracts Act 1991 - Respondent failed to pay final outstanding amount - Section 88 ECA provided where settlement was reached the matter was considered fully resolved - Unable to use transitional provision sections 247 and 248 Employment Relations Act 2000 - Matter settled - Settlement part of employment agreement - Breach of settlement was breach of employment agreement - Authority had jurisdiction to hear claim for outstanding money - RECOVERY OF MONEY - Breach of employment agreement - Recovery of money payable from settlement - Money due and owing
Result Application granted ; Other monies ($1,000) ; Interest (7.5 percent) ; Costs in favour applicant ($170)
Statutes ECA s88(2);ERA s247;ERA s248;ERA s161(1)(r)
Cases Cited Tucker v Cerissi Leather Ltd [1995] 2 ERNZ 11
Number of Pages 2
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