| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 404/07 |
| Hearing date | 6 Dec 2007 - 17 Dec 2007 (2 days) |
| Determination date | 19 December 2007 |
| Member | A Dumbleton |
| Representation | B Owen (in person) ; M Tolich |
| Location | Auckland |
| Parties | Owen v You & Me Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicant sought to have employment relationship problem heard by Authority - Felt did not have proper opportunity to air complaints during mediation - Respondent claimed matter settled at mediation – Parties consented to waive confidentiality in mediation for present Authority investigation - Parties reached oral agreement at mediation – Applicant later refused to sign record of settlement until respondent provided evidence of preschool operating licence – Production of licence not agreed term of settlement – Applicant’s attempt to impose further condition not act of good faith – Without applicant's signature mediator could not sign settlement - Parties taken to have intended resolution of employment problem would not be completed or perfected until both phases of s149 Employment Relations Act 2000 completed – Second phase, signed record of settlement, not completed - Although mediator’s signature not required for settlement, lack of it meant terms not final, binding, or enforceable by parties – To extent Authority considered applicant had not acted in good faith, it did not bar her from having Authority resolve employment relationship problems - Supervisor |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA 148(1);ERA s148(6)(d);ERA s149;ERA s149(2);ERA s157 |
| Cases Cited | Abernethy v Dynea New Zealand Ltd [2007] ERNZ 462 |
| Number of Pages | 7 |
| PDF File Link: | aa 404_07.pdf [pdf 27 KB] |