| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 130 |
| Determination date | 15 April 2013 |
| Member | T G Tetitaha |
| Representation | C Roy (in person) ; G Reading |
| Parties | Roy v Board of Trustees of Tamaki College |
| Summary | JURISDICTION – Whether settlement agreement between parties prevented Authority hearing matter – Whether filing of proceedings in Human Rights Commission prevented Authority hearing matter – Applicant claimed under duress, suffered trauma from dismissal, had no access to legal advice and did not know what was being settled – Settlement agreement not signed by mediator – RAISING PERSONAL GRIEVANCE – Applicant sought leave to raise grievance out of time – Teacher |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Whether settlement agreement constituted accord and satisfaction and whether duress or undue influence present questions of fact to be determined at investigation meeting. Authority declined to resolve disputed matters of fact on papers. Little factual evidence about matter before Human Rights Commission. Authority declined to resolve issue as preliminary matter.;RAISING PERSONAL GRIEVANCE: Whether applicant so affected or traumatised by matter giving rise to grievance that unable to properly consider raising grievance question of fact to be resolved at investigation meeting. Authority declined to resolve issue on papers. |
| Result | Applications partially granted ; No order for costs |
| Main Category | Jurisdiction |
| Statutes | ERA s103(1)(c);ERA s105(1)(c);ERA s114(1);ERA s114(4);ERA s115;ERA s149 |
| Cases Cited | Cabletalk Astute Network Services Ltd v Cunningham [2004] 1 ERNZ 506 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_130.pdf [pdf 95 KB] |