| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 148 |
| Determination date | 01 September 2016 |
| Member | C Hickey |
| Representation | C Heaton ; D Beck |
| Location | Christchurch |
| Parties | Godfrey and Company Ltd v Price |
| Summary | JURISDICTION – Whether Authority had jurisdiction to award damages sought for breach of settlement agreement – Whether terms entered into amounted to variation of individual employment agreement (“IEA”) or stand-alone agreement – Loss adjuster |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Parties did not reach agreed terms of settlement through mediation. Terms entered into constituted separate stand-alone agreement that could be sued on. Terms do not constitute IEA under statutory provisions. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Disputes Tribunals Act 1988 s10;ERA s5;ERA s137;ERA s137(2);ERA s144A;ERA s149;ERA s161(1)(a);ERA s161(1)(b);ERA s161(1)(n) |
| Cases Cited | Association of Professional and Executive Employees v West Coast District Health Board [2015] NZERA Christchurch 135;British & Beningtons Ltd v North Western Cachar Tea Co Ltd [1923] AC 48 (HL);JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618;Morris v Baron & Co [1918] AC 1 (HL) |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_148.pdf [pdf 258 KB] |