| Summary |
PRACTICE AND PROCEDURE – Whether accord and satisfaction - Applicant raised personal grievance and sought interim reinstatement - Respondent submitted applicant barred from pursing claim due to full and final settlement - Applicant had challenged respondent's decision to demote him - Letter fell short of raising personal grievance as did not seek remedies - Parties' representatives met to negotiate options and exit package proposed - Applicant's representative later indicated deal arranged and sent respondent record of settlement to sign first - However, when applicant received documents took issue with content and did not sign - Where genuine dispute existed between parties, settlement achieved verbally for consideration did not require endorsement from third party to make it binding on parties - Respondent's signature on agreement simply affirmation of agreed terms - Respondent entitled to rely on representative's representations to it, particularly in light of its insistence applicant's wife accept settlement terms - Section 149 Employment Relations Act 2000 not exclusive mechanism of enforcement - Based on respondent's compliance with terms of settlement, legitimately agreed by applicant's representative, accord and satisfaction reached verbally between parties - Delay in meeting commitments occasioned by confusion caused by letter from applicant's new representative, not indication respondent saw employment as ongoing - Applicant barred from pursuing alleged grievance - Technician |