| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 215/01 |
| Determination date | 06 December 2001 |
| Member | Y S Oldfield |
| Representation | K Nicolson ; S Beale & P Muir |
| Location | Auckland |
| Parties | Lincoln v Buchanan Group Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether accord and satisfaction - Applicant dismissed on grounds of redundancy - Alleged unjustified dismissal on grounds that redundancy not genuine - Sent email to directors in Australia that night to warn of personal grievance if no settlement - Follow-up meeting next day - Agent spoke on behalf of applicant - Genuineness of redundancy questioned - Agreement negotiated including lump sum payment under s123(c)(i) ERA - No meeting of minds between applicant and respondent's representative - Offer and acceptance between applicant's agent and respondent's representative - Applicant bound by actions of agent - Issues to which applicant's personal grievance related same as those resolved at the meeting - No agreement regarding existence of personal grievance - Accord and satisfaction reached because parties could not resolve differences any other way - Employment problem unable to be investigated further - Office manager |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s123(c)(i) |
| Cases Cited | Magnum Photo Supplies Ltd v Viko NZ Ltd [1999] 1 NZLR 395 |
| Number of Pages | 7 |
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