| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 108/03 |
| Hearing date | 22 Jul 2003 |
| Determination date | 01 August 2003 |
| Member | D Asher |
| Representation | R Davidson ; J McMillian |
| Location | Wellington |
| Parties | Kerr v Associated Aviation (Wellington) Ltd |
| Summary | PENALTY - Penalty and declaration sought for alleged breach of settlement - Settlement included confidentiality agreement - Clause prohibited parties from mentioning terms of settlement or speaking ill of each other - Disclosure of existence of settlement not breach - Comments about employment difficulties resulting in litigation did not amount to speaking ill - No breach of settlement |
| Result | Application dismissed ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7;ECA s88(2);ERA s9(2)(b);ERA s134;ERA s135;ERA s162(c) |
| Cases Cited | Hunt v Forklift Specialists Ltd [2000] ERNZ 553;Kerr v Associated Aviation (Wellington) Ltd unreported, Palmer J, 19 February 1997, WEC 7/97;Kerr v Associated Aviation (Wellington) Ltd unreported, RE Hall, 27 August 1996, WT 105/96;Kerr v Mid Canterbury Aero Club Inc unreported, P Cheyne, 19 September 2001, CA 42/01;Schaffer v Gisborne Boys High School Board of Trustees [1995] 1 ERNZ 94 ; [1995] 2 NZLR 288 |
| Number of Pages | 18 |
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