| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 39 |
| Hearing date | 28 Feb 2014 |
| Determination date | 03 March 2014 |
| Member | D Appleton |
| Representation | J Pontifex (in person) ; D Buckeridge (in person) |
| Parties | Pontifex v Buckeridge |
| Summary | BREACH OF CONTRACT - Applicant sought damages for respondent's breach of settlement - Applicant owed arrears of wages and holiday pay, and expenses incurred on behalf of respondent - Settlement agreement not signed by respondent or mediator |
| Abstract | AUTHORITY FOUND -;BREACH OF CONTRACT: No jurisdiction to order compliance as settlement agreement not signed by mediator. Authority had jurisdiction because settlement agreement between parties agreement related to employment relationship. Respondent breached settlement agreement by not making payment. Applicant cancelled agreement by issuing application in Authority and entitled to payment Authority thought just. Respondent to pay applicant $3,400 damages. Payment by instalments inappropriate given further prejudice to applicant. |
| Result | Application granted ; Damages ($3,400) ; Disbursements in favour of applicant ($71.56)(filing fee) ; No order for costs |
| Main Category | Breach of Contract |
| Statutes | Contractual Remedies Act 1979;ERA s137;ERA s149(2);ERA s149(3);ERA s151;ERA s161(1)(r);ERA s162(c) |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Christchurch_39.pdf [pdf 147 KB] |