| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 80/04 |
| Determination date | 25 June 2004 |
| Member | D Asher |
| Representation | T Wilton ; S Hornsby |
| Location | Wellington |
| Parties | Boyd and Ors v Taylor Preston Ltd |
| Other Parties | Brosnan, Curtin, Green, Hodge, Horne, Jarden, Masina, McGrath, Robertson, Vigne, Sullivan |
| Summary | PRACTICE AND PROCEDURE - Applicants sought determination that entitled to arrears for special or sick leave permitted by statute prior to specified date - Whether barred by settlement - Purpose of settlement to effect compromise between parties in respect of certain claims only - No evidence that current dispute existed before settlement reached between parties - Could not say settlement reasonably extended to applicants' current claims - Inherently improbable parties would have agreed to bar claims for entitlements unrelated to those at issue at the time - Applicants not barred by settlement from pursuing claims - Applicants could not rely on s131 Employment Relations Act 2000 to set aside settlement |
| Result | Question answered in favour of applicants ; Costs reserved |
| Statutes | ERA s33;ERA s131;ERA s131(2);ERA s159;Holidays Act 1981 |
| Cases Cited | Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146;NZ Shipwrights Union v NZ Amalgamated Engineering IUOW & Steiner & Spartan Engineering [1989] 3 NZILR 284 ; (1989) ERNZ Sel Cas 516 |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |