| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 134/04 |
| Hearing date | 24 Sep 2004 |
| Determination date | 08 November 2004 |
| Member | P Cheyne |
| Representation | GM Belsham (in person) ; V Donaghy |
| Location | Christchurch |
| Parties | Belsham v West Coast Fresh Ltd |
| Summary | COMPLIANCE ORDER - Enforcement of mediated settlement - Respondent failed to comply with settlement - Alleged cancelled settlement since breached by applicant - Shepherd v Glenview Electrical Services (cited below) left open possibility that innocent party may have been able to exercise rights under Contractual Remedies Act 1979 and cancel otherwise final and binding settlement - Employment Relations Amendment Act (No 2) 2004 once in force would prohibit that (but allow possibility of penalties) - Unable to conclude that applicant's breach of agreement substantially reduced benefit to respondent of settlement agreement or substantially increased its burden - Not entitled to cancel agreement - Applicant did not act in good faith - Not entitled to compliance order |
| Result | Application dismissed ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7(2);Contractual Remedies Act 1979 s7(3);Employment Relations Amendment Act (No 2) 2004;ERA s137;ERA s148;ERA s149;ERA s149(3);ERA s151 |
| 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;Shepherd v Glenview Electrical Services Ltd [2004] 2 ERNZ 118;Shepherd v Glenview Electrical Services Ltd unreported, J Scott, 13 January 2004, AA 15/04;United Food and Chemical Workers Union of NZ v Talley [1992] 1 ERNZ 756 |
| Number of Pages | 7 |
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