| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 133A/07 |
| Determination date | 21 December 2007 |
| Member | P Cheyne |
| Representation | D Clark ; M Beech |
| Location | Christchurch |
| Parties | Brown v Tans Otway Ltd |
| Summary | PRACTICE AND PROCEDURE - Parties disagreed about scope of settlement agreement - Respondent submitted Authority could not hear matter at present as no statement of problem or reply raising problem - Applicant contended dispute before Authority by dint of damages issue having been raised in evidence and submissions relating to earlier interim reinstatement determination - Dispute about scope of settlement a question related to employment relationship - Also a question connected with employment agreement arising in course of investigation into personal grievance claim - Authority empowered to determine aspect of employment relationship problem - Applicant claimed agreement full and final settlement of all matters between parties - Respondent argued only personal grievance settled and it could still pursue damages claim - Respondent's initial offer sought full and final settlement of all claims - Applicant's counter offer rejected, and respondent re-extended" offer - Subsequent offer and correspondence referred only to personal grievance claim - However, use of "re-extended" a clear reference back to initial offer - Incorporated full and final aspect of first offer - Both grievance and damages claims at an end - Authority also discharged order for interim reinstatement" |
| Result | Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s143(f);ERA s160(3);ERA Second Schedule cl1 |
| Number of Pages | 3 |
| PDF File Link: | ca 133a_07.pdf [pdf 17 KB] |