| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381/09 |
| Hearing date | 27 Jul 2009 - 31 Jul 2009 (2 days) |
| Determination date | 30 October 2009 |
| Member | M Urlich |
| Representation | M Ryan ; B Quarrie |
| Location | Auckland |
| Parties | McIntyre v Whangaroa Big Gamefish Club Inc |
| Summary | BREACH OF CONTRACT - Respondent argued released from obligations under settlement agreement due to applicant's breach of its terms - Applicant sought compliance order - Authority found settlement agreement did not conform to usual form seen in Authority - Found had no jurisdiction to make compliance order with parties particular settlement agreement - However, found had jurisdiction under s161(1)(r) Employment Relations Act 2000 to consider whether settlement agreement breached and award remedies for any breach of contract - Applicant denied breaching confidentiality term of settlement - Authority found fact of settlement did not breach confidentiality clause - Found sum of settlement only term attracting confidentiality - Found applicant did not breach settlement agreement - Found respondent breached settlement agreement as no basis to reasonably believe was released from obligations - Authority ordered respondent to pay applicant damages quantified as sums under settlement agreement |
| Result | Order made ; Damages in favour of applicant (Quantum to be determined) |
| Main Category | Breach of Contract |
| Statutes | ERA s161(1)(r);ERA s162(c);ERA s137;ERA s149;Contractual Remedies Act 1979 s162(c) |
| Cases Cited | Kerr v Associated Aviation (Wellington) Ltd [2005] 1 ERNZ 632 |
| Number of Pages | 5 |
| PDF File Link: | aa 381_09.pdf [pdf 21 KB] |