| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 158/08 |
| Hearing date | 22 Jul 2008 : 17 Nov 2008 (2 days) |
| Determination date | 27 November 2008 |
| Member | D Asher |
| Representation | D O'Malley (in person) ; L Sims |
| Location | Wanganui |
| Parties | O'Malley v Te Oranganui Iwi Health Authority |
| Summary | BREACH OF CONTRACT – Breach of mediated settlement – Parties reached confidential mediated settlement following applicant’s dismissal grievance – Term of settlement that parties make “no statement on this matter other than ‘we went to mediation and the matter was settled’” – Applicant claimed respondent breached settlement by filing complaint with Health and Disability Commissioner (“C”) about applicant’s behaviour which resulted in dismissal – Applicant’s conduct, C’s investigation and involvement of Human Rights Review Tribunal attracted media attention – Respondent argued advised applicant at dismissal meeting that C to be informed of conduct, confirmed intention in letter, then advised C of conduct prior to mediation – Respondent argued nothing discussed at mediation provided to C and applicant elected to identify self to media – Respondent argued legally and ethically bound to assist C’s investigation – Authority found “the matter” could not have meant to keep silent on events leading to dismissal – Found respondent had already advised applicant that concerns about conduct reported to C, and that matter already in public domain – Found illogical and ineffective for parties to pretend “the matter” encompassed complaint by client about applicant’s professional conduct – Found no breach of mediated settlement – Found no public policy consideration to attract statutory confidentiality – Found terms of settlement could not override C’s statutory powers, so respondent bound to co-operate with proper requests for relevant information from C |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s148(1);Health and Disability Commissioner Act 1994 s73 |
| Cases Cited | Balfour v Chief Executive Department of Corrections [2007] ERNZ 808;Just Hotel Ltd v Jesudhass [2007] ERNZ 817 |
| Number of Pages | 6 |
| PDF File Link: | wa 158_08.pdf [pdf 32 KB] |