| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 166/08 |
| Hearing date | 28 Oct 2008 |
| Determination date | 12 December 2008 |
| Member | P R Stapp |
| Representation | M Williams ; G Williams |
| Location | Napier |
| Parties | Carroll v Silver Fern Farms (PPCS) Ltd |
| Summary | COMPLIANCE ORDER – Employment problem arose regarding arrangements for applicant’s medical treatment for hearing loss/disability – Parties reached mediated settlement – Applicant claimed respondent did not honour mediated settlement and had not provided hearing aids as promised - Applicant claimed told by occupational nurse that would be entitled to hearing aids - At investigation meeting, applicant accepted that wording of mediated settlement was not that respondent would buy hearing aid – Authority found applicant unable to prove that respondent agreed to buy applicant hearing aid – Record of settlement made no express provision for respondent to arrange and buy applicant hearing aid – Record of settlement stated respondent to action applicant’s claim, which respondent had done – Wording clear and unambiguous – Whatever applicant understood was meant was not converted in writing to mediated settlement – Authority found document submitted to Authority after investigation meeting did not assist applicant – Authority found not matter for compliance order |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s149;Injury Prevention Rehabilitation and Compensation Act 2001 |
| Number of Pages | 7 |
| PDF File Link: | wa 166_08.pdf [pdf 34 KB] |