| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 514 |
| Hearing date | 2 Sep 2013 - 3 Sep 2013 |
| Determination date | 04 December 2013 |
| Member | T G Tetitaha |
| Representation | N R Williams, T C Tran ; R Harrison, E McWatt |
| Parties | Roy v Board of Trustees for Tamaki College |
| Summary | JURISDICTION - Whether settlement agreement between parties prevented Authority hearing matter - Accord and satisfaction - Whether applicant entered settlement under duress or undue influence - Alleged intimidation and assault - Applicant claimed abused regarding atheist beliefs and bullied - Refusal to attend powhiri - Offer to settle made by respondent - Teacher |
| Abstract | AUTHORITY FOUND -;JURISDICTION: No corroborating evidence of assault or injury from witnesses or otherwise. Complaint laid with police three years later and police declined to take matter further as insufficient evidence. Forceful submissions made by all parties not evidence of undue influence or duress. Allegation that applicant told had to sign only raised at end of investigation. Insufficient evidence of duress or undue influence to set aside settlement. Settlement prevented Authority from inquiring into matter. No jurisdiction. |
| Main Category | Jurisdiction |
| Cases Cited | ASB Bank Limited v. Harlick [1996] 1 NZLR 655;Attorney-General for England and Wales v. R [2002] 2 NZLR 91;Cable Talk Astute Network Services Limited v Cunningham [2004] 1 ERNZ 506;Contractors Bonding Ltd v. Snee [1992] 2 NZLR 157;Hakaraia v Foodstuffs (Wellington) Co-operative Society Ltd [2001] ERNZ 105;Graham v Crestline Pty Limited [2006] ERNZ 848;Griffith v Sunbeam Corporation Ltd unreported, Couch J, 28 July 2006, WC13/06;Kelly v Accident Rehabilitation & Compensation Insurance Corporation unreported, Palmer J, 24 March 1999, WC13/99;New Zealand Merchant Service Guild IUOW Inc v New Zealand Rail Ltd [1991] 2 ERNZ 587;Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187;Taiapa v Te Runanga O Turanganui A Kiwa t/a Turanga Ararau Private Training Establishment [2012] NZERA Auckland 252;Tinkler v Fugro PMS Pty Ltd & Pavement Management Services Ltd [2012] NZEmpC 102;T v SAR Ltd unreported, H Doyle, 23 Sept 2005, CA126/05;RNZAF Museum Trust Board v Hunter unreported, Shaw J, 1 March 2000, WC11/00;Young v Venables t/a Mt Eden Bakery & Delicatessen unreported, Shaw J, 7 Nov 2000, AC88/00 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_514.pdf [pdf 184 KB] |