| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 252/06 |
| Hearing date | 25 May 2006 |
| Determination date | 27 July 2006 |
| Member | J Scott |
| Representation | D Bruce ; M Beech |
| Location | Auckland |
| Parties | Tairi v Bay of Plenty District Health Board |
| Summary | PRACTICE AND PROCEDURE - Application to strike out - Whether accord and satisfaction - Applicant claimed dismissal unjustified - Respondent asserted agreement for additional three weeks pay settled all issues between parties - After respondent advised intended to dismiss applicant, union delegate met with it and reached agreement - Delegate authorised to act for applicant - Applicant claimed told by delegate union had agreed not to take matter further, but applicant could pursue it personally - No signed settlement agreement - Union delegate died before investigation meeting - Acting as applicant's agent, delegate reached agreement to conclude all matters between parties - To find otherwise would offend against good faith provisions of Employment Relations Act 2000 - Situation made clear in subsequent letter to applicant - Board entitled to take acceptance of payment as confirmation of agreement - Respondent's failure to point out full and final nature of settlement when grievance submitted did not amount to it accepting submission - Personal grievance struck out - Carpenter |
| Result | Application granted ; Personal grievance struck out ; Costs reserved |
| Statutes | ERA s4(1)(a);ERA s4(1)(b);ERA s18(3);ERA s236 |
| Cases Cited | Cabletalk Astute Network Services Ltd v Cunningham [2004] 1 ERNZ 506;Marlow v Yorkshire NZ Ltd [2000] 1 ERNZ 206;Smith v Hughes (1871) LR 6 QB 597;Wilson and Horton Ltd v Eyre unreported, 6 December 1964, CA 40/67 |
| Number of Pages | 9 |
| PDF File Link: | aa 252_06.pdf [pdf 48 KB] |