| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 261 |
| Hearing date | 22 Nov 2013 |
| Determination date | 20 December 2013 |
| Member | D Appleton |
| Representation | S Thompson (in person) ; D Hudson |
| Location | Dunedin |
| Parties | Thompson v Anglican Family Care |
| Summary | COMPLIANCE ORDER – PENALTY – Applicant sought compliance with parties’ settlement agreement (“SA”) and penalty for respondent’s breach of SA – SA provided for agreed statement that applicant’s dismissal replaced with resignation – SA provided terms confidential – Whether parties agreed during mediation respondent would release agreed statement – Whether respondent’s director told third party applicant dismissed for serious misconduct rather than resigned – Whether respondent’s director refused to provide applicant with reference or confirm dates of employment to prospective employer – Whether respondent’s director disclosed details of allegations against applicant to third party – Whether respondent’s director told others that applicant manipulative and deceitful – Counsellor / Manager |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER – PENALTY: Authority ordered non-publication of information contained in specified clauses of SA and details of allegations leading to applicant’s dismissal. Only enforceable terms between parties those set down in writing in SA. Oral agreement reached before SA signed and not contained in written terms of no effect. Alternatively, no cogent evidence oral agreement reached between parties. Agreement that statement to be released not to be implied into terms of SA in absence of express terms about fundamental aspects of such agreement. No breach of agreement to release agreed statement publically. Respondent’s director breached SA by telling third party applicant dismissed but breach one-off and third party became aware dismissal substituted with resignation. No requirement in SA for respondent to provide reference. No cogent evidence respondent’s director disclosed details of allegations against applicant. Statements by respondent’s director that applicant manipulative and deceitful made prior to SA being signed. Compliance order not appropriate. Application dismissed. No penalty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137;ERA s148(1);ERA s149;ERA s149(1);ERA s149(2);ERA s149(3);ERA s149(4) |
| Number of Pages | 16 |
| PDF File Link: | 2013_NZERA_Christchurch_261.pdf [pdf 202 KB] |