| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 147 |
| Determination date | 07 September 2017 |
| Member | D Appleton |
| Representation | V Vij (in person) ; K Chapman |
| Location | Christchurch |
| Parties | Vij v Nelson-Marlborough Institute of Technology |
| Summary | BREACH OF CONTRACT – Applicant claimed respondent breached terms of Record of Settlement (“ROS”) and failed to act in good faith following termination of employment – International Marketing Manager |
| Abstract | AUTHORITY FOUND –;BREACH OF CONTRACT: ROS silent as to respondent’s future obligations owed to applicant following termination of employment. Respondent did not breach ROS by failing to provide references to applicant’s prospective employer. Respondent did not breach ROS term that it should not speak ill of the applicant. Meaning of speaking ill term could not be extended to include respondent omitting to make statements. Duty of good faith owed by respondent to applicant did not continue following termination of employment. No breach of ROS or duty of good faith. No damages. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4(2);ERA s137;ERA s149;ERA s149(1);ERA s149(3);ERA s149(4);ERA s151;ERA s151(2);ERA s151(2)(b) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Christchurch_147.pdf [pdf 43 KB] |