| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 17/10 |
| Hearing date | 26 Jan 2010 |
| Determination date | 29 January 2010 |
| Member | P Cheyne |
| Representation | Q Stratford ; B Dorking, F McMillan |
| Location | Dunedin |
| Parties | McArthur v Logan Park High School Board of Trustees |
| Summary | PRACTICE AND PROCEDURE – Whether settlement agreement valid and enforceable – Parties entered into settlement agreement – Agreement full and final settlement of issues and provided applicant not to bring claims relating to employment matters – Agreement drafted and applicant advised to view agreement – Applicant confirmed acceptance of terms and signed agreement – Respondent advised applicant would be contacted by Department of Labour (“DOL”) mediator to confirm agreement – Applicant claimed advised agreement not binding until signed by mediator after discussion with applicant – Mediator failed to contact applicant - Applicant subsequently received copy of agreement signed by mediator – Applicant complained to DOL about breach of mediator policy – Two years later, applicant resigned from at respondent – Applicant sought to bring proceedings against respondent on grounds agreement not binding due to mediator breaching s149 Employment Relations Act 2000 (“ERA”) – Authority found non-compliance with s149 ERA did not affect binding nature of agreement – Found agreement would have been concluded irrespective of mediator’s involvement – Found applicant benefitted from settlement knowing mediator’s non-compliance with s149 ERA for two years – Settlement agreement valid - COUNTERCLAIM – Practice and procedure – Whether applicant breached settlement agreement by bringing present proceedings – Respondent claimed no jurisdiction to consider settlement agreement as was ordinary contract – Authority found jurisdiction to consider agreement – Found agreement not breached as proceedings attempted to remove statutory and contractual hurdles created by agreement – Found present proceeding not claim relating to employment – Found harm suffered by respondent related to legal costs and addressed by costs award – No breach – Teacher |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Employment Contracts Act 1991;ERA s148;ERA s149;ERA s149(1);ERA s149(2);ERA s149(3);ERA s152(1);ERA s152(2)(a);ERA s161(1);ERA s161(1)(r) |
| Cases Cited | Counties Manukau Health t/a South Auckland Health v Pack [2000] 1 ERNZ 518;South Tranz Ltd v Strait Freight Ltd [2007] ERNZ 704;Wheeler v 24 Hour Auto Electrical Ltd (2002) 6 NZELC 96,855 (ERA) |
| Number of Pages | 7 |
| PDF File Link: | ca 17_10.pdf [pdf 27 KB] |