| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 15/04 |
| Determination date | 13 January 2004 |
| Member | J Scott |
| Representation | A Hope ; M Hammond |
| Location | Auckland |
| Parties | Shepherd v Glenview Electrical Services Ltd |
| Summary | PRACTICE AND PROCEDURE - Preliminary issue - Mediated settlement under s149 Employment Relations Act 2000 - Alleged entered into settlement due to misrepresentation - Agreement concluded and signed by Mediator in accordance with provisions of ERA - Other than for enforcement purposes parties may not challenge terms of s149 agreement - Section 149(3)(b) ruled out application of Contractual Remedies Act 1979 to s149 settlement agreements - Authority declined to hear matter - Electrical labourer |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s3;ERA s88(2);ERA s137;ERA s141;ERA s144;ERA s149;ERA s149(3);ERA s149(3)(b);ERA s152(2)(a);ERA s159;ERA s162(c) |
| 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;Shaffer v Gisborne Boys' High School Board of Trustees [1995] 1 ERNZ 94;Webb v Clydemore School Board of Trustees unreported, RA Monaghan, 6 November 2001, AA 178/01 |
| Number of Pages | 6 |
| PDF File Link: | AA 15_04.pdf [pdf 35 KB] |