| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 50/09 |
| Determination date | 16 April 2009 |
| Member | H Doyle |
| Representation | G Martin ; M Singleton, R Wolt |
| Location | Christchurch |
| Parties | V v Dr W and X Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether binding agreement existed between parties as resolution of employment relationship problem – Applicant claimed binding agreement existed and sought compliance order following respondent’s alleged breach – Respondent claimed no intention to be bound because essential term of timing of payment not concluded – Applicant offered discontinuance of proceedings in return for compensation of $24,000, payment of legal costs of $6,580 and agreed reference – Respondent accepted offer following day – Acceptance letter provided parties needed to discuss timing of payment – Subsequent written communications between parties discussed payment arrangement but no agreement concluded - Respondent failed to make payment and provide signed reference – Authority found binding agreement existed between parties according to terms in offer letter – Found failure to resolve timing of payment issue did not affect respondent’s unequivocal acceptance of offer – Found timing of payment about mechanics of payment therefore not essential term to conclusion of agreement – Found parties intended respondent be liable for applicant’s legal costs incurred at time offer made – Found implied term of agreement that settlement occur within reasonable time after acceptance – Found respondent be given opportunity to comply with agreement - Respondent alternatively claimed inappropriate for Authority to rely on privileged communications between parties – Authority found reliance on privileged communications needed to determine issue, therefore appropriate - Compliance order adjourned for two weeks – Authority did not answer whether jurisdiction existed to make compliance order |
| Result | Application partially granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s137 |
| Number of Pages | 8 |
| PDF File Link: | ca 50_09.pdf [pdf 38 KB] |