| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 401/09 |
| Hearing date | 11 Nov 2009 |
| Determination date | 12 November 2009 |
| Member | V Campbell |
| Representation | P Kumar (Applicant in person) ; H Yu |
| Location | Auckland |
| Parties | Kumar v Bean and Leaf Ltd t/a Cafe Trends |
| Summary | COMPLIANCE ORDER - Applicant sought, respondent's compliance with settlement agreement (SA") and positive reference - SA provided for applicant to remain on ACC until specified resignation date - Applicant sought order to ensure respondent did not breach terms of SA in future - Authority found respondent breached confidentiality of SA by referring to concerns raised by other employees - Compliance ordered - Authority found had no jurisdiction to order respondent provide positive reference to applicant - BREACH OF CONTRACT - Applicant sought damages of $18,000 arising out of lost ACC earnings caused by respondent breaching SA - Authority found respondent did not disclose terms of SA when answered questions from ACC - Furthermore, no provision in Employment Relations Act 2000 to award damages for breach of SA" |
| Result | Applications dismissed (Compliance order) (Breach of contract) ; Disbursements in favour of applicant ($70) |
| Main Category | Compliance Order |
| Statutes | ERA s151;ERA s149(a) |
| Number of Pages | 4 |
| PDF File Link: | aa 401_09.pdf [pdf 27 KB] |