| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 107/07 |
| Hearing date | 12 Jun 2007 |
| Determination date | 31 July 2007 |
| Member | P R Stapp |
| Representation | K Single ; B Calver |
| Location | Napier |
| Parties | Balfour v Central Hawkes Bay Support and Counselling Service Inc |
| Summary | JURISDICTION - RAISING PERSONAL GRIEVANCE - Applicant claimed respondent breached confidentiality provision in record of settlement by supplying documents to Police under search warrant - Alleged respondent did not act in good faith when it did not disclose certain documents to him before settlement - Applicant raised personal grievance after received discovery of documents seized by Police - Respondent challenged Authority's jurisdiction to proceed with allegations and claimed any personal grievance raised out of time - Applicant no longer employee of respondent and none of his terms and conditions of employment survived end of relationship, save for terms of settlement as matter of contract - Settlement between parties full and final - Applicant could not succeed with claim of personal grievance and breach of good faith - Applicant aware other matters could come to light after final settlement and took that risk - Questions about search warrant's accuracy and breaches of privacy not matters within Authority's jurisdiction - BREACH OF CONTRACT - GOOD FAITH - Also claimed respondent acted dishonestly and colluded with ACC and Police to deceive him - ACC brought fraud proceedings against applicant - Applicant sought costs of successful defence in District Court - Submitted cost directly caused by respondent keeping and giving copy of settlement and other documents to ACC under search warrant, and documents should have been destroyed or kept secure - Appeared respondent tried to keep information on applicant confidential, while leaving clear impression with ACC and Police in possession of some documents - Respondent's president told truth at time, nothing less that what would be expected - President had to comply with search warrant and Authority accepted she did what she believed she had to do in circumstances - Defence accepted - Record of settlement open to scrutiny for enforcement and to meet legal requirements even though confidential - Without wilful and deliberate conduct in being party to ACC's enforcement role, respondent could not be held liable for costs between applicant and ACC in form of damages - Claims for breach of confidentiality and good faith dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s103;ERA s114;ERA s161 |
| Number of Pages | 6 |
| PDF File Link: | wa 107_07.pdf [pdf 22 KB] |