| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 67/09 |
| Determination date | 22 May 2009 |
| Member | J Crichton |
| Representation | MA McFadden (in person) ; GL Freeman (in person) |
| Location | Christchurch |
| Parties | McFadden v Freeman |
| Summary | BREACH OF CONTRACT – Applicant claimed respondent breached record of settlement – Record of settlement stated respondent to pay applicant sum by cheque within seven days of agreement – Cheque delivered nine or ten days later and post-dated for sixteen days later – Respondent’s secretary included letter with cheque which was critical of applicant’s behaviour – Authority found respondent breached settlement by failing to keep to agreed timeline – Found respondent’s argument that seven days meant seven working days was nonsense and cheque later than seven working days anyway - Found comments by secretary inappropriate – Found no good purpose in making penalty award against respondent - Found applicant to be satisfied with Authority’s determination that has been vindicated – COSTS – Applicant entitled to filing fee |
| Result | Application granted ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Breach of Contract |
| Statutes | ERA s123(1)(c)(i) |
| Number of Pages | 3 |
| PDF File Link: | ca 67_09.pdf [pdf 15 KB] |