| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 164 |
| Hearing date | 20 Nov 2012 |
| Determination date | 21 December 2012 |
| Member | G J Wood |
| Representation | S Webster ; D Robb |
| Location | Hastings |
| Parties | King and Anor v Hohepa Homes Trust Board |
| Other Parties | Edwards |
| Summary | COMPLIANCE ORDER – PENALTY – Applicants sought compliance with parties’ settlement agreement (“SA”) and penalty for respondent’s breach of SA – Authority found respondent’s general manager (“W”) should not have added additional sentence to agreed statement but compliance order not appropriate as Authority satisfied respondent would not breach SA again – Found reasonable person would not attribute to additional sentence serious negative implications applicants genuinely believed sentence held – Found reasonable person would not consider additional sentence ‘victory dance’ by W and no evidence matter had anything to do with previous legal proceedings – Application dismissed – No penalty – COSTS – One day investigation meeting – Applicants sought contribution towards costs – Found applicants established breach of SA but unsuccessful in gaining remedies sought – Costs to lie where they fall – Managers |
| Abstract | Applicants employed by respondent as managers. Applicants sought compliance with parties’ settlement agreement (“SA”) and penalty for respondent’s breach of SA. Applicants sought contribution towards costs. SA provided respondent to issue agreed statement regarding applicants’ resignations. Respondent’s general manager (“W”) inserted additional sentence into statement. Applicants claimed additional sentence embarrassing and insulting. Applicants claimed additional sentence retribution by W for applicants’ involvement in legal proceedings potentially affecting respondent. W claimed additional sentence to provide information likely to be sought by others.;AUTHORITY FOUND –;COMPLIANCE ORDER – PENALTY: W should not have added additional sentence but compliance order not appropriate as Authority satisfied respondent would not breach SA again. Reasonable person would not attribute to additional sentence serious negative implications applicants genuinely believed sentence held. Reasonable person would not consider additional sentence ‘victory dance’ by W and no evidence matter had anything to do with previous legal proceedings. Matter genuine error by respondent. Application dismissed. No penalty.;COSTS: One day investigation meeting. Applicants established breach of SA but unsuccessful in gaining remedies sought. Costs to lie where they fall. |
| Result | Applications dismissed ; Costs to lie where they fall |
| Main Category | Compliance Order |
| Cases Cited | Idea Services Ltd v Dickson [2011] ERNZ 192 ; [2011] 2 NZLR 522 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_164.pdf [pdf 141 KB] |