| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 91 |
| Hearing date | 6 Jun 2013 |
| Determination date | 26 July 2013 |
| Member | T MacKinnon |
| Representation | E Maea, Viv d'Or ; S Hornsby Geluk |
| Location | Wellington |
| Parties | Thompson v Housing New Zealand Corp |
| Summary | PRACTICE AND PROCEDURE – Application to bring claims in respect of matters addressed in settlement agreement – Respondent inadvertently disclosed applicant’s identity to tenants – Applicant fearful for personal security – Full and final settlement reached - Agreement provided 10 months to raise further claims – Agreement not signed by mediator – Whether applicant rushed into settlement – Whether respondent breached good faith |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Reasonable for respondent to want certainty. Pressure around settlement agreement arose from applicant’s pre-arranged annual leave. No evidence of protestation by applicant. No improper threat or pressure. No reason for respondent to query applicant’s decision-making ability. Settlement not ungenerous or unfair. Most elements proposed by applicant incorporated. Extension of original timeframes to applicant’s advantage. Both parties considered settlement to meet applicant’s reasonable and foreseeable needs. Respondent bound by settlement. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149 |
| Cases Cited | F v Attorney-General [1994] 2 ERNZ 62;Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187;Tinkler v Fugro PMS Pty Ltd & Pavement Management Services Ltd [2012] NZEmpC 102; (2012) 10 NZELR 74 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Wellington_91.pdf [pdf 172 KB] |