| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 324/08 |
| Hearing date | 15 Aug 2008 |
| Determination date | 16 September 2008 |
| Member | J Scott |
| Representation | A Taylor ; E Haakma |
| Location | Hamilton |
| Parties | Hoffman v AJ & MR Smythe |
| Summary | JURISDICTION – Applicant claimed unjustifiably dismissed – Respondent argued final binding and enforceable settlement of employment relationship problem reached through mediation with Department of Labour Mediator – Authority found must be live issue between parties for Authority to have jurisdiction – Authority found applicant present for bulk of negotiations – Found settlement reached to resolve employment relationship problems – Found settlement recorded in writing and signed by authorised representatives – Authority not satisfied was miscommunication between applicant and representative – Found regardless, would not invalidate agreement as representative had express authority to represent applicant – Parties planned on having mediator sign agreement to ensure was binding and enforceable – However, mediator did not sign agreement so settlement not enforceable under s151 Employment Relations Act 2000 (“ERA”) – No question that specific performance provision unenforceable – Found settlement arrived at could be described as variation of employment agreement – Pursuant to s161(1)(r) ERA, Authority found employment relationship problem lodged by applicant was resolved in settlement agreement, so no live dispute between parties - Senior farm worker |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Contractual Remedies Act 1979 s149(3)(ab);ERA s3(a)(v);ERA s137(a)(i);ERA s148(6)(d);ERA s149;ERA s149(2);ERA s151;ERA s157;ERA s161(1)(r);ERA s236 |
| Cases Cited | Abernethy v Dynea New Zealand Ltd [2007] ERNZ 462;Fredricsen v Northland Districts Aero Club Inc (Unreported, Colgan J, 23 Apr 2001, AC 30/01);Kerr v Associated Aviation (Wellington) Ltd [2005] 1 ERNZ 632 |
| Number of Pages | 8 |
| PDF File Link: | aa 324_08.pdf [pdf 43 KB] |