| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 188/08 |
| Hearing date | 20 May 2008 |
| Determination date | 23 May 2008 |
| Member | R Arthur |
| Representation | J Harris ; RE Wileman (in person) |
| Location | Auckland |
| Parties | Associated Insulation Materials Ltd v Wileman |
| Summary | PRACTICE AND PROCEDURE - Applicant alleged respondent breached confidentiality term in settlement agreement - Sought to have other terms of settlement “cancelled” - More likely than not respondent breached confidentiality - Authority prevented from granting remedy of cancellation - PENALTY - Breach deliberate - Disclosure could have compromised applicant’s obligation to act as fair and reasonable employer towards another employee affected by terms of settlement - Penalty appropriate - COMPLIANCE ORDER - Applicant also breached terms of settlement by refusing to meet its obligations after respondent’s breach - Overall justice of matter required applicant to meet remaining obligations - Compliance ordered - Authority confirmed confidentiality term remained in place |
| Result | Application granted in part ; Penalty ($1,500)(Payable to applicant) ; Orders accordingly ; No order for costs |
| Main Category | Breach of Contract |
| Statutes | ERA s135;ERA s136(2);ERA s137;ERA s149;ERA s149(3);ERA s149(3)(ab);ERA s149(4);ERA s151 |
| Cases Cited | Gaskin v Grenside unreported, Shaw J, 27 September 2007, WC 20A/07 |
| Number of Pages | 6 |
| PDF File Link: | aa 188_08.pdf [pdf 24 KB] |