| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 299/02 |
| Hearing date | 20 Sep 2002 |
| Determination date | 08 October 2002 |
| Member | R A Monaghan |
| Representation | A Schaaf ; E Hudson |
| Location | Auckland |
| Parties | Cunningham v Cabletalk Astute Networks Services Ltd |
| Summary | PRACTICE AND PROCEDURE - Unjustified dismissal - Whether settlement barred applicant from bringing personal grievance - Resigned after alleged abuse by co-worker - Signed settlement which included 4 weeks' wages and reference - Settlement did not refer to possible action arising from employment - Settlement was for final outstanding sums - No contemplation of litigation at time of signing - Settlement did not bar applicant's claim - Dispatcher |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Bank of Credit and Commerce International SA (In Liquidation) v Ali [2001] 1 All ER 961; [2001] 2 WLR 735;Southern Local Government Union v Christchurch City Council [1991] 1 ERNZ 1053;X v A [1992] 2 ERNZ 1079 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |