| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 314 |
| Hearing date | 4 Jun 2014 |
| Determination date | 18 July 2014 |
| Member | R A Monaghan |
| Representation | K Andersen ; A Russell |
| Parties | Rosieur v Waitemata District Health Board |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Whether accord and satisfaction - Whether settlement agreement (SA") entered into under duress - Agreement to resign during disciplinary process - Maori cultural adviser" |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Parties exchanged promises supported by consideration. Meeting of minds between parties that SA would resolve dispute between them. Parties reached accord and satisfaction. Applicant felt threatened and under pressure in general way during meeting. Nothing inherently improper in any threat or pressure inherent in general circumstances faced by applicant as respondent obliged to ensure fair procedure during disciplinary process. No allegation of additional threat or pressure. Threat or pressure did not arise from any impropriety by respondent. Respondent made efforts to conduct disciplinary process in culturally sensitive way. Applicant had full opportunity to consider position before raising possibility of resignation, nothing inappropriate in manner that matter discussed, and applicant had several days to consider and seek advice on text of SA before signature. Applicant affirmed SA by later signature and by accepting benefits under SA. SA not entered into under duress. Authority unable to hear applicant's claims. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A;ERA s114;ERA s149 |
| Cases Cited | Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_314.pdf [pdf 190 KB] |