| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 132A/07 |
| Hearing date | 2 Jul 2007 |
| Determination date | 02 July 2007 |
| Member | L Robinson |
| Representation | R McRae (in person) ; J Haigh QC |
| Location | Auckland |
| Parties | McRae v The $2 Shop Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated record of settlement – Respondent asked Authority to make enquiries directed at exposing criminal conduct by applicant – Submitted conduct would have precluded any settlement that awarded compensation – Also submitted matters relevant to exercise of discretion to grant compliance, and Authority’s equity and good conscience jurisdiction enabled it to temper s149(3) Employment Relations Act 2000 (ERA") – Authority declined to make enquiries sought – Considered s149(3) ERA clear record of settlement could not be cancelled – Provision founded on clear policy to give greater certainty of outcome in mediated settlements – Section 149(3) uncompromising not only to discourage aggrieved party from seeking perceived better resolution on enforcement but also because prospect of cancellation would render such settlements largely redundant – Declined to enquire into inchoate allegations, therefore no foundation to take allegations of improper conduct into account in exercising discretion to grant compliance – Authority concluded must act to uphold and recognise integrity of record of settlement – Declined to adjourn matter – Compliance ordered" |
| Result | Compliance ordered ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s149(3) |
| Number of Pages | 2 |
| PDF File Link: | aa 132a_07.pdf [pdf 16 KB] |