| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 68 |
| Determination date | 14 March 2017 |
| Member | R Arthur |
| Representation | S McKinley ; G Tayler |
| Location | Auckland |
| Parties | McKinley v Karen Anne and Kenneth Rae McLanachan Partnership |
| Summary | JURISDICTION – Whether settlement agreement prevented Authority hearing matter – Applicant claimed settlement agreement did not prevent him seeking outstanding holiday pay – Respondents sought strikeout of application – Farm Manager |
| Abstract | AUTHORITY FOUND -;JURISDICTION: Terms of settlement agreement and s 149 prevented Authority carrying out investigation. No evidence applicant lacked free will or appropriate support and advice at the time agreement was signed and certified. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s174D ; ERA s174E ; ERA s148(1) ; ERA s149 ; ERA s 149(3) ; ERA Second Schedule cl12A |
| Cases Cited | AFT v BCM [2015] NZEmpC 234;Cleverley v Selwyn House School Trust Board [2016] NZERA Christchurch 43;Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1;Jesudhass v Just Hotel Limited [2007] NZCA 582;McKinley v Karen Anne and Kenneth Rae McLanachan Partnership [2016] NZERA Auckland 401;Maharaj v Wesley Wellington Mission Incorporated [2016] NZEmpC 129;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Pharmacy Care Systems Ltd v Attorney-General (2004) 2 NZCCLR 187 (CA);Worksafe New Zealand v Kenneth McLanachan and Karen McLanachan [2015] NZDC 24763 |
| Number of Pages | 13 |
| PDF File Link: | 2017_NZERA_Auckland_68.pdf [pdf 334 KB] |