| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 483 |
| Hearing date | 21 Nov 2014 |
| Determination date | 24 November 2014 |
| Member | R Arthur |
| Representation | E Groves (in person) ; T Duffy |
| Parties | Groves v Maungakiekie Golf Club Inc |
| Summary | BREACH OF CONTRACT – Applicant claimed respondent breached parties’ settlement agreement (“SA”) – Whether apology provided by respondent in accordance with SA – Whether respondent complied with SA by sending certificate of service to person (“S”) understood to be applicant’s representative – Whether respondent’s communication to club members complied with SA – Whether contents of minutes of respondent’s Board meeting amounted to negative comments about applicant – General manager |
| Abstract | AUTHORITY FOUND –;BREACH OF CONTRACT: SA did not require apology to be reported to respondent’s Board and recorded in minutes. Respondent entitled to deal with S as applicant’s representative and complied with SA by sending certificate of service to S. Contents of certificate of service complied with SA. Respondent issued newsletter by e-mail with communication about applicant’s departure. Communication did not comply with SA in one respect but omission minor and technical. SA did not require communication to be solely about applicant’s position. Two items in respondent’s Board’s minutes not negative comments about applicant in breach of SA. No breach of SA. |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Breach of Contract |
| Statutes | ERA s149;ERA s159;ERA s174 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Auckland_483.pdf [pdf 168 KB] |