| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 214 |
| Hearing date | 23 Aug 2013 |
| Determination date | 15 October 2013 |
| Member | M B Loftus |
| Representation | S Boyce, K Murray ; P Swarbrick |
| Location | Nelson |
| Parties | Halliday v The Farmers Trading Co Ltd |
| Summary | JURISDICTION - Whether settlement agreement between parties prevented Authority hearing matter - Applicant issued with trespass notice from store located in same mall as respondent's store - Disciplinary meetings held regarding performance concerns - Respondent claimed applicant agreed to resign and signed acceptance document but did not sign off on full and final settlement - Whether agreed cessation occurred - Loss prevention officer |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Respondent's evidence preferred as to whether applicant agreed to resign. Settlement consensual but in this case matter not over until signed by mediator. Involving mediator gave applicant opportunity to change her mind. Applicant took advantage of opportunity and respondent required to accept circumstances. Bargain not concluded as not signed by mediator. Applicant not estopped from pursuing grievance. No accord and satisfaction. Authority not prevented from hearing matter. |
| Result | Application granted; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s149 |
| Cases Cited | Abernethy v Dynea New Zealand Ltd (No 2) [2007] ERNZ 462;Bayliss Sharr & Hansen v McDonald [2006] ERNZ 1058 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Christchurch_214.pdf [pdf 180 KB] |