| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 86 |
| Hearing date | 2-Sep-15 |
| Determination date | 04 September 2015 |
| Member | Trish MacKinnon |
| Representation | A Crook ; N Bourke |
| Location | Wellington |
| Parties | Bengal Investments Ltd t/a Muffin Break Johnsonville v Ibell |
| Summary | BREACH OF CONTRACT – Applicant claimed respondent breached confidentiality provisions in settlement agreement (“SA”) – Whether respondent told former employee of details of SA - COSTS – Applicant sought $1,200 plus GST contribution towards costs |
| Abstract | AUTHORITY FOUND –BREACH OF CONTRACT: Former employee did not claim to have spoken to respondent and spelt respondent’s name wrong in texts to applicant. Possible other employees knew of existence of problem between parties. If so, respondent not responsible for any resulting gossip or speculation. No convincing evidence respondent breached confidentiality and unlikely on balance of probabilities. No breach of contract.COSTS: Less than half day investigation meeting. Appropriate to award respondent costs due to expense and anxiety of proceedings when applicant had little evidence for claims. Authority declined to award GST. Applicant to pay respondent $1,200 contribution towards costs. |
| Result | Costs in favour of respondent ($1,2000 ; Application dismissed (breach of contract) |
| Main Category | Breach of Contract |
| Statutes | ERA s149 |
| Cases Cited | Bengal Investments Ltd t/a Muffin Break Johnsonville v Ibell [2015] NZERA Wellington 78 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_86.pdf [pdf 76 KB] |