| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 129/03 |
| Hearing date | 4 Nov 2003 |
| Determination date | 28 November 2003 |
| Member | P Cheyne |
| Representation | R Davidson ; J Goldstein |
| Location | Christchurch |
| Parties | CN v H |
| Summary | BREACH OF CONTRACT - Alleged breach of mediated settlement - Term of agreement respondent to provide applicant with reference on in positive or neutral terms - Alleged respondent gave negative reference to prospective employer - Applicant's brother rung respondent pretending to be prospective employer and respondent said would not employ applicant again - Applicant alleged validly cancelled settlement agreement in reliance on Contractual Remedies Act 1979 - Claimed general damages for distress caused by alleged breach of settlement agreement - Neither party displayed good faith behaviour - Brother was applicant's agent - No breach of settlement agreement - Applicant not entitled to cancel agreement - Counterclaim - Respondent alleged applicant breached confidentiality provision in agreement entitling it to damages as per agreement - Neither party entitled to any remedy - Parties bound by settlement agreement - Non-publication order |
| Result | Application dismissed ; Orders accordingly; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s5;Contractual Remedies Act 1979 s6;Contractual Remedies Act 1979 s7(4)(a);Contractual Remedies Act 1979 s7(4)(b);Contractual Remedies Act 1979 s9;Contractual Remedies Act 1979 s10;ECA s88(2);ERA s131;ERA s149;ERA s149(3)(b) |
| Cases Cited | House v Samuel Miller Films Ltd unreported, P Cheyne, 17 July 2002, CA 71/02;Hunt v Forklift Specialists Ltd [2000] ERNZ 553 |
| Number of Pages | 5 |
| PDF File Link: | ca 129_03.pdf [pdf 29 KB] |