| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 47 |
| Hearing date | 11 Feb 2015 |
| Determination date | 13 February 2015 |
| Member | E Robinson |
| Representation | A Twaddle ; M Chen, C English |
| Location | Hamilton |
| Parties | Webber v Midlands Health Network Ltd |
| Summary | BREACH OF CONTRACT - Applicant claimed respondent breached parties' settlement agreement (SA") - Complaint to Worksafe NZ that workplace unsafe and applicant bullied and harassed - Applicant informed Worksafe of subsequent SA - Whether respondent made disparaging or negative remarks about applicant - Director of Nursing" |
| Abstract | AUTHORITY FOUND -;BREACH OF CONTRACT: Respondent's e-mail to applicant's new employer stating applicant unable to enter respondent's premises needed to be viewed in context. Respondent's statement that ongoing legal legal claims made by applicant factually correct given ongoing Worksafe investigation. Worksafe not required to halt investigation of applicant's complaint when informed of SA by applicant. Given serious nature of issues raised by applicant, reasonable for respondent to refuse applicant access to workplace until Worksafe investigation completed. No breach of SA. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA;ERA s149;HSE;HSE s6;HSE s7 |
| Cases Cited | Armstrong v Attorney-General (on behalf of Chief Executive Department of Justice) [1995] 1 ERNZ 43 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Auckland_47.pdf [pdf 183 KB] |