| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 133/07 |
| Hearing date | 27 Apr 2007 |
| Determination date | 01 May 2007 |
| Member | Y S Oldfield |
| Representation | S McCabe ; C Bormans |
| Location | Auckland |
| Parties | O'Connell v Redpaths NZ Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether accord and satisfaction - Alleged unjustified dismissal - Respondent advised would not participate in investigation because matter settled in full, and respondent had no assets and to be placed in liquidation - No appearance for respondent - Applicant and husband had owned shares in respondent - Parties entered written understanding" - Gave evidence they gave undertaking that if terms of understanding honoured, would not pursue personal grievance - Claimed steps set out in understanding not completed by respondent, and concluded respondent unable or unwilling to comply with it - Insufficient evidence establishing understanding or oral undertakings amounted to accord - No evidence terms of agreement complied with - No accord and satisfaction - Applicant not barred from proceeding with grievance" |
| Result | Question answered in favour of applicant |
| Main Category | Personal Grievance |
| Number of Pages | 2 |
| PDF File Link: | aa 133_07.pdf [pdf 21 KB] |