| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 427 |
| Hearing date | 18 Sep 2013 |
| Determination date | 20 September 2013 |
| Member | J Crichton |
| Representation | A (in person) ; I Davidson |
| Location | Auckland |
| Parties | A v B |
| Summary | BREACH OF CONTRACT - Applicant claimed respondent breached parties' settlement agreement - Agreement both parties would not speak ill" of each other - Prospective employer of applicant asked whether respondent would re-employ applicant and whether applicant had brought legal proceedings against respondent - Whether respondent's honest answer amounted to "speaking ill" of applicant" |
| Abstract | AUTHORITY FOUND -;BREACH OF CONTRACT: Proper construction required active intention to damage applicant's reputation or character. Honest answer to questions not speaking ill". No breach of settlement agreement. No breach of contract." |
| Result | Application dismissed; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_427.pdf [pdf 91 KB] |