| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 333 |
| Hearing date | 7 Aug 2014 |
| Determination date | 11 August 2014 |
| Member | A Fitzgibbon |
| Representation | P Bradcock (in person) ; M Donovan |
| Location | 11 Aug 2014 |
| Parties | Bradcock v Wilhelmsen Ships Service Ltd |
| Summary | COMPLIANCE ORDER - Applicant sought compliance with parties' settlement agreement (SA") - Whether respondent failed to make best endeavours to retrieve e-mails in respondent's possession between applicant and applicant's late father - Port agent" |
| Abstract | AUTHORITY FOUND -;COMPLIANCE ORDER: Use of phrase shall make best endeavours" indicated retrieval and supply of e-mails not guaranteed. Respondent obliged to retrieve and supply e-mails in respondent's possession only. Respondent only obliged to supply e-mails by specified date if possible to do so. E-mails relating to applicant's account deleted 30 days after termination of employment. Respondent used best endeavours to retrieve and supply e-mails. No breach of SA. Even if SA breached, not appropriate to order compliance when no prospect of compliance occurring. Application dismissed." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s137(2);ERA s149 |
| Cases Cited | Timberlake v Auckland Ring Co Ltd [2014] NZERA Auckland 258 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_333.pdf [pdf 206 KB] |