| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 379/07 |
| Hearing date | 31 Oct 2007 |
| Determination date | 03 December 2007 |
| Member | M Urlich |
| Representation | C Anderson ; A Lubbe |
| Location | Auckland |
| Parties | Matthews v ANZ National Bank Ltd |
| Summary | PRACTICE AND PROCEDURE - Whether accord and satisfaction - Whether issue relating to calculation of redundancy compensation resolved - Before employment ended applicant offered compromise payment in full and final settlement of claims - Manager explained consequences of signing offer - Applicant signed as wanted exit process to be over - Settlement wording clear - Although calculation dispute not specifically referred to, it was only issue between parties and well known by them - Applicant understood agreement - No basis for claim of duress or undue influence - Full and final settlement of dispute - Applicant unable to pursue proceedings - Teller |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | A-G for England & Wales v R [2002] 2 NZLR 91 (CA);ASB Bank Ltd v Harlick [1996] 1 NZLR 655; (1996) 5 NZBLC 103,988 (CA);British Russian Gazette & Trade Outlook Ltd v Associated Newspapers Ltd [1933] 2 KB 616; [1933] All ER Rep 320;Cabletalk Astute Network Services v Cunningham [2004] 1 ERNZ 506;Contractors Bonding Limited v Snee [1992] 2 NZLR 157; (1991) 3 NZBLC 102,418 (CA) |
| Number of Pages | 6 |
| PDF File Link: | aa 379_07.pdf [pdf 26 KB] |