| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 45 |
| Hearing date | 8 Nov 2013 |
| Determination date | 25 March 2014 |
| Member | H Doyle |
| Representation | P Moore ; R Kelly |
| Location | Dunedin |
| Parties | Hamilton v Kelly Chambers Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Whether accord and satisfaction - Applicant claimed unjustifiably dismissed by respondent and sought arrears of wages - Redundancy - Whether parties agreed payments to applicant would be paid as compensation under section 123(1)(c)(i) Employment Relations Act 2000 - Whether parties intended agreement to become binding only when signed by mediator under section 149 Employment Relations Act 2000 - ARREARS OF WAGES - Applicant sought arrears of wages - KiwiSaver contribution - Administrative support |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Applicant's settlement counter-offer accepted by respondent including that payments to applicant to be paid as compensation. Evidence and relevant documents did not support clear intention agreement would only be binding if signed under process in section 149. Parties reached binding settlement agreement supported by consideration. Respondent agreed not to deduct annual leave taken by applicant in advance of entitlement from applicant's final pay and applicant compromised rights to pursue personal grievance about applicant's redundancy. Authority unable to consider applicant's personal grievance relating to redundancy. Applicant entitled to payments specified in agreement. Leave reserved for parties to return to Authority if difficulties complying with agreement. Authority able to consider applicant's KiwiSaver claim as not in contemplation of parties at time of agreement.;ARREARS OF WAGES: Respondent's KiwiSaver contribution mostly unpaid. Respondent to pay applicant $930 arrears of KiwiSaver contribution. Interest payable. |
| Result | Application granted (arrears of wages) ; Arrears of KiwiSaver contribution ($930) ; Interest (5%) ; Application partially granted (counterclaim - practice and procedure) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s131;ERA s149;ERA Second Schedule cl11;Judicature Act 1908 s87(3) |
| Cases Cited | Abernethy v Dynea New Zealand Ltd (No 2) [2007] ERNZ 462 |
| Number of Pages | 15 |
| PDF File Link: | 2014_NZERA_Christchurch_45.pdf [pdf 207 KB] |