| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 128/08 |
| Hearing date | 31 Jul 2008 |
| Determination date | 26 August 2008 |
| Member | H Doyle |
| Representation | D Ruscoe ; no appearance |
| Location | Christchurch |
| Parties | Bullet Freight Systems Ltd v Fraser |
| Summary | RECOVERY OF MONIES – No appearance for respondent – Applicant sought repayment of compensatory sum paid to respondent under settlement agreement (“SA”) on grounds respondent had not complied with terms of settlement – Authority support officer received message from respondent after investigation meeting had concluded stating had been in hospital – Respondent stated wife would provide letter explaining investigation meeting absence – Authority proceeded to determine matter after no communication received from respondent – Applicant claimed respondent breached clause of settlement agreement when did not attend work on agreed date – Respondent failed to attend work on start date by which time applicant had already paid compensatory sum agreed to under SA – Authority found applicant’s obligation to reinstate respondent under SA contingent on sub agreement that respondent provide full medical clearance – Authority found SA did not provide that compensatory sum conditional on medical clearance or sum repaid if medical clearance not obtained – Authority found SA clauses stood alone and obligations not related to each other – Application dismissed – PENALTY – Applicant argued entered into settlement agreement in good faith and on understanding was binding on respondent – Authority found only breach by respondent on wording of settlement agreement was failure to attend doctor – However, only evidence respondent did not provide medical clearance – Found applicant discharged from obligation to reinstate respondent because no medical clearance provided – Authority concluded standard of proof for penalty not met – COSTS – Authority found applicant entitled to costs for expenses incurred in attending investigation meeting – Respondent ordered to pay applicant $504 |
| Result | Application dismissed ; Costs in favour of applicant ($504) |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA s149(3);ERA s149(4) |
| Cases Cited | Xu v McIntosh [2004] 2 ERNZ 448;Wellington etc Clerical etc IUOW v Northern United Building Soc [1981] ACJ 447 |
| Number of Pages | 8 |
| PDF File Link: | ca 128_08.pdf [pdf 29 KB] |