| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 426/04 |
| Hearing date | 14 Oct 2004 - 15 Oct 2004 (2 days) |
| Determination date | 24 December 2004 |
| Member | A Dumbleton |
| Representation | J Noble ; C Patterson |
| Location | Auckland |
| Parties | Smith v ITG (NZ) Holdings Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Whether settlement agreement reached enforceable - Termination of applicant's employment secured in return for payment of three months salary and payment of debt applicant owed respondent - Prior to termination respondent wanted applicant to sign new agreement - Serious performance issues were also raised - No threat to dismiss applicant - Arguably applicant under strong pressure to enter settlement but applicant subsequently affirmed agreement when she accepted payment made under it and kept the money - Although respondent pressed applicant to accept new agreement did not act in bad faith - No sustainable claim |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |