| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 223/09 |
| Hearing date | 26 Nov 2009 |
| Determination date | 24 December 2009 |
| Member | J Crichton |
| Representation | A (in person) ; L Jenkins |
| Location | Christchurch |
| Parties | A v B |
| Summary | BREACH OF CONTRACT – PENALTY - Applicant sought penalty for breach of settlement agreement – Applicant claimed respondent breached agreement by disclosing to journalist (“C”) confidential information about applicant’s conviction and resignation – Respondent argued no breach – Argued disclosure of applicant’s resignation not breach as information existed in public domain – Agreement contained confidentiality clause over certain information between parties – Applicant advised by C knew of applicant’s blood alcohol offence and resigned from respondent – Applicant claimed respondent disclosed information to C, breaching agreement – Authority found insufficient evidence respondent had disclosed conviction information to C – Found although agreement covered information regarding applicant’s employment status, information existed outside agreement – Found confidentiality clauses protected information “unique” to parties - Found resignation could not be protected from public scrutiny if already in public domain – Found if agreement breached, agreement not certified by mediator until after breach occurred – Found open for applicant to refuse consent to certification at that point – No breach – Penalty declined |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s149;ERA cl10, sch2 |
| Number of Pages | 7 |
| PDF File Link: | ca 223_09.pdf [pdf 27 KB] |