| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 295 |
| Determination date | 25 September 2015 |
| Member | Eleanor Robinson |
| Representation | D Towle ; P Robertson |
| Location | Auckland |
| Parties | Spanhake v Whenuapai Primary School Board of Trustees |
| Summary | JURISDICTION – Whether Authority can order settlement agreement (“SA”) signed by mediator under s149 Employment Relations Act 2000 (“ERA”) voidable on grounds of duress – School principal |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Section 149 ERA only provides for Authority to hear case on terms of SA when one party fails to comply with SA. Section prevents challenges to mediated settlements under s 7 Contractual Remedies Act 1979. Same safeguards also prevent challenges on grounds of duress. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s137;ERA s149;ERA s149(1);ERA s149(2)(a);ERA s149(2)(b);ERA s149(3);ERA s149(3)(ab);Employment Relations Amendment Act (No 2) 2004 s 51(1);Contractual Remedies Act 1979 s7 |
| Cases Cited | Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR (CA);Tinkler v Fugro PMS Pty Ltd [2012] NZEmpC 102, (2012) 10 NZELR 74 ;;Young v Board of Trustees of Aorere College [2013] NZEmpC 111 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_295.pdf [pdf 163 KB] |