| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 89/04 |
| Hearing date | 19 Jul 2004 |
| Determination date | 21 July 2004 |
| Member | D Asher |
| Representation | L Highfield ; G Davenport |
| Location | Wellington |
| Parties | Huriwai & Ors v Quality Service Enterprises Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether settlement reached - Applicants claimed long service payments under collective employment agreement - Mediation where applicants represented by union - Respondent put Calderbank proposal to union - Union left message Ok to settle" with respondent's counsel - Union told respondent's human resources manger "staff had discussed and agreed to offer" - Applicants filed claim in Authority - Respondent alleged settlement reached - Union alleged proposal created for purpose of mediation so Authority could not have regard to it - Calderbank offers had purpose of avoiding mediation - Proposal document could be taken into account in Authority investigation - No settlement resulted from union's acceptance of proposal - Settlement often involved series of proposals - Respondent knew union was seeking mandate from members - Documents not signed by mediator - Proposal not reflected in draft settlement respondent gave to union - No concluded agreement - Only negotiation that came close to but fell short of settlement - Applicants able to bring substantive claims - Cleaners" |
| Result | Application granted ; Costs reserved |
| Statutes | ERA s143(b);ERA s148;ERA s148(1);ERA s149(2) |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Fletcher Challenge Energy Ltd v Electricity Corporation of New Zealand Ltd [2002] 2 NZLR 433 |
| Number of Pages | 8 |
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