| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 158 |
| Determination date | 21 December 2016 |
| Member | E Robinson |
| Representation | C Sawyer (in person) ; M Scholtens |
| Location | Wellington |
| Parties | Sawyer v The Vice-Chancellor of Victoria University of Wellington |
| Summary | JURISDICTION – Whether Record of Settlement (“ROS”) can be set aside |
| Abstract | AUTHORITY FOUND –JURISDICTION: Respondent body corporate and therefore able to enter into ROS. Acting HR director had authority to enter into ROS on behalf of respondent. ROS does not require consideration to be given. In any event, ROS contained terms of settlement favourable to applicant. Insufficient evidence of fraud or improper pressure. ROS full and binding on all parties. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s149 ; ERA s149(1) ; ERA s149(2)(a) ; ERA s149(2)(b) ; ERA s149(3) ; ERA Second Schedule cl10(1) ; Contractual Remedies Act 1979 s7 ; Education Act 1989 s197(7) |
| Cases Cited | Chappell v Nestle [1960] AC 87 (HL) ; Currie v Misa (1875) LR 10 EX 153 ; Lumsden v Sky City Management Ltd [2015] NZEmpC 225 ; On v Long [1980] AC 614 (PC) ; Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187 (CA) ; Spanhake v Whenuapai Primary School Board of Trustees [2015] NZERA Auckland 295 |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Wellington_158.pdf [pdf 210 KB] |