| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 41/09 |
| Determination date | 02 April 2009 |
| Member | D Asher |
| Representation | C Bartlett (Applicant in person) ; B Scotland |
| Location | Wellington |
| Parties | Bartlett v Hawkes Bay District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE – First issue, whether applicant barred from bringing claim by mediated settlement – Second issue, whether claim outside of 90 day limit – Applicant alleged bullying, harassment and unfair treatment - Mediated settlement concluded between parties as “full and final settlement of all matters” - Six months later, applicant filed Statement of Problem (“SOP”) alleging unfair treatment and breach of duty as grounds for constructive dismissal – SOP further alleged no genuine opportunity to comment before settlement therefore settlement not freely entered into – Authority found alleged grounds for constructive dismissal were matters in contemplation of parties at time of settlement therefore claim barred – Found no new matters emerged after settlement – Found evidence used in SOP supported same allegations made before settlement – Found no evidence of constructive dismissal - Found no evidence of procedural unfairness in mediation process – Applicant represented and finality of settlement made clear by mediator – Found applicant also outside 90 day limit – Found applicant did not breach confidentiality provision of settlement by seeking legal advice – Dismissal justified – Human Resource Administrator |
| Result | Application dismissed ; Costs reserved |
| Main Category | Raising PG |
| Statutes | ERA s114(1);ERA s149;ERA s149(3);ERA s149(3)(b);ERA s159 |
| Cases Cited | Marlow v Yorkshire New Zealand Ltd [2000] 1 ERNZ 206 |
| Number of Pages | 8 |
| PDF File Link: | wa 41_09.pdf [pdf 36 KB] |