| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 120/04 |
| Hearing date | 10 Sep 2004 |
| Determination date | 10 September 2004 |
| Member | D Asher |
| Representation | M Fleming ; G Poirier |
| Location | Wellington |
| Parties | Fleming v The Wellington City Council |
| Summary | COMPLIANCE ORDER - Previous settlement of employment relationship problem - Settlement provided for return of personal property prior to date on which settlement entered into - Applicant alleged personal property not returned and sought compliance with return of property clause - Agreement to meet prior in time to return personal property impossible to undertake - Return of property clause unenforceable - Authority not prepared to amend settlement under s164 Employment Relations Act 2000 as if it were individual employment agreement - Compliance order refused - COSTS - Appropriate for costs to lie where they fall as both parties entered into unenforceable clause |
| Result | Application dismissed ; Costs to lie where they fall |
| Statutes | ERA s149;ERA s159;ERA s164 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |