| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 105/06 |
| Determination date | 17 July 2006 |
| Member | G J Wood |
| Representation | B Corkill ; F Cooke |
| Location | Wellington |
| Parties | Department of Prime Minister and Cabinet v Sissons-Stretch |
| Summary | PRACTICE AND PROCEDURE – Application by respondent to remove matter to Employment Court – Dispute over interpretation of parties' mediated settlement – Respondent alleged question of law arose as to extent which mediated settlements could be entered into where parties were operating under a mistake and in particular whether Contractual Remedies Act 1979 and Contractual Mistakes Act 1977 could apply – Applicant neither consented to or opposed application for removal – Authority had previously determined in Timmins v Asure New Zealand Ltd (cited below) that question of applicability of other statutory remedies to a mediated settlement was important question of law – In Timmins Authority noted that it was unaware of any decisions by Court on this question, which was potentially further complicated by s149(3)(ab) Employment Relations Act 2000 – No Court judgment had been issued in respect of Timmins – Important question of law likely to arise other than incidentally – No particular benefit in having Authority deal with matter first and no other factors that justified declining application for removal – Removal ordered |
| Result | Application granted ; Matter removed to Employment Court ; No order for costs |
| Statutes | Contractual Mistakes Act 1977;Contractual Remedies Act 1979;ERA s149(3)(ab);ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Timmins v Asure New Zealand Ltd unreported, G Wood, 9 May 2005, WA 73/05 |
| Number of Pages | 3 |
| PDF File Link: | wa 105_06.pdf [pdf 12 KB] |