| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 75/07 |
| Hearing date | 30 Nov 2006 & 26 Feb 2007 |
| Determination date | 04 July 2007 |
| Member | P Cheyne |
| Representation | A McKenzie ; B Nathan |
| Location | Christchurch |
| Parties | Antonov v Onyx Grup Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant alleged disadvantaged and breach of contract resulting from way respondent dealt with incapacity resulting from work injury – Sought punitive damages – Exemplary damages not available for breach of contract – Applicant attempted to increase compensation claim on grievance – Explanation of why initial assessment of compensation inadequate required, amendment had no merit if simply to make up loss of damages claim - Applicant previously raised concerns with respondent and sought apology - Union took up matter – Although branch manager considered complaint not supported, decided to end matter by apologising – Apology offered and accepted – Accord and satisfaction - Applicant unable to pursue proceedings |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | French v Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 |
| Number of Pages | 6 |
| PDF File Link: | ca 75_07.pdf [pdf 26 KB] |