| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 6 |
| Hearing date | 19 Dec 2013 |
| Determination date | 14 January 2014 |
| Member | M B Loftus |
| Representation | P Froggatt ; P Swarbrick |
| Location | Christchurch |
| Parties | Harris v Fletcher Distribution Ltd t/a Placemakers Christchurch South |
| Summary | JURISDICTION - Whether settlement agreement between parties prevented Authority hearing matter - Applicant suspended after allegation of serious misconduct - After viewing relevant surveillance footage applicant sought to enter without prejudice discussions" - Applicant indicated acceptance of offer by text message, email and signed document - Applicant claimed correspondence not from applicant and applicant's signature forged - Settlement forwarded to MBIE mediation service - Mediator sought confirmation of identity of respondent - Applicant asked mediator not to sign settlement due to delay" |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Applicant signed settlement agreement. Compelling contemporaneous documentary evidence in email and text messages. Correspondence from mediator did not mention applicant's contention applicant not party to agreement but showed applicant changed mind due to delay. Applicant signed settlement having agreed to terms. Applicant estopped from pursuing claim. No jurisdiction. If Authority incorrect applicant's personal grievance unlikely to proceed for other reasons. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s67A - ERA s67B - ERA s149 |
| Cases Cited | Abernethy v Dynea New Zealand Ltd (No 2) [2007] ERNZ 462;Checkmate Precision Cutting Tools Limited v Tomo [2013] NZEmpC 54;Penney v Fonterra Co-Operative Group Ltd [2011] NZEmpC 151 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Christchurch_6.pdf [pdf 174 KB] |