| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 287 |
| Hearing date | 1 Jul 2013 |
| Determination date | 05 July 2013 |
| Member | R Larmer |
| Representation | G McKinstry, R Rolston ; S Menzies, J Bright |
| Location | Tauranga |
| Parties | Keepa v Go Bus Transport Ltd |
| Summary | JURISDICTION – Whether settlement agreement precluded Authority from hearing applicant’s personal grievance – Applicant sought to resign during disciplinary process – Respondent accepted resignation on condition full and final settlement signed – Whether applicant dismissed before resignation – Whether applicant signed settlement agreement under duress – COSTS – Respondent sought contribution towards costs – Bus driver |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Applicant understood settlement agreement precluded subsequent proceedings. Not respondent’s responsibility to ensure adequacy of advice from applicant’s representative. Final disciplinary outcome not imposed. No dismissal. Clear and unequivocal resolution of differences when settlement agreement signed. No duress when settlement agreement signed. No jurisdiction.;COSTS: One day investigation meeting. No adjustment to notional daily tariff warranted. Applicant to pay respondent $3,500 contribution towards costs. |
| Result | Application dismissed ; Costs in favour of respondent ($3,500) |
| Main Category | Jurisdiction |
| Cases Cited | Cabletalk Astute Network Services Ltd v Cunningham [2004] 1 ERNZ 506;Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_287.pdf [pdf 170 KB] |