| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 355 |
| Hearing date | 22 Aug 2014 |
| Determination date | 28 August 2014 |
| Member | J Crichton |
| Representation | L Yukich ; M McKechnie |
| Location | Tokoroa |
| Parties | Scandle v Gulde and Ors |
| Other Parties | Karauna, Pepper, Cahersiveen Farms Ltd |
| Summary | JURISDICTION - Whether Authority had jurisdiction to hear claim against second and third respondents - Applicant claimed second and third respondents aided and abetted breach of employment agreement between applicant and first respondent - Applicant and first respondent entered settlement agreement |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Employment relationship settled and without employment relationship problem extant, no basis on which Authority could properly assert jurisdiction to investigate claim. Impossible for Authority to ascertain whether breach by first respondent given settlement agreement. No available evidence to support breach. Even if Authority wrong, no evidence to support applicant's claim against second and third respondents. |
| Result | Application dismissed; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s134;ERA s134(1);ERA s134(2) |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_355.pdf [pdf 161 KB] |