| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 239/08 |
| Hearing date | 18 Feb 2008 |
| Determination date | 08 July 2008 |
| Member | R Arthur |
| Representation | M Chambers ; W Brocket |
| Location | Hamilton |
| Parties | O'Hanlon v Vehicle Adaption Services Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with terms of settlement argued verbally made at meeting – Respondent argued agreed to consider settlement proposal but denied agreeing to terms of settlement – Applicant’s counsel (“S”) talked of elements of settlement proposal at meeting and respondent’s director (“B”) replied “get it to me on paper” – Found applicant asked S about costs and S stated costs would be “sorted out later” – Draft written settlement signed by applicant and sent to B – B refused to sign agreement and denied any terms agreed to at meeting – Applicant claimed verbal agreement made at meeting accurately reflected in agreement provided to B – Respondent argued too much uncertainty and only agreed to consider settlement proposal – Authority found terms in settlement agreement a proposal for settlement rather than record of agreed terms – Authority found applicant’s own evidence that costs to be sorted out later evidence that no agreement at meeting to costs set out in settlement agreement – Authority found other proposed terms rather than agreed terms – Authority found no other verbal agreement made during meeting – Found M’s responses no more than agreement to consider the proposal – Found shaking of hands nothing more than ordinary civility – Authority found as no verbal agreement could not make orders sought |
| Result | Compliance declined ; Costs reserved |
| Main Category | Compliance Order |
| Number of Pages | 6 |
| PDF File Link: | aa 239_08.pdf [pdf 23 KB] |