| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 74/10 |
| Determination date | 16 February 2010 |
| Member | M Urlich |
| Representation | R Harrison ; P Robertson |
| Location | Auckland |
| Parties | Harrison v Board of Trustees, Waiuku College |
| Summary | COMPLIANCE ORDER – Parties entered deed to resolve employment issues – Applicant sought compliance orders requiring respondent to make sick leave and experience payment as provided in employment agreement – Applicant claimed payments consequent to terms of deed – Applicant sought penalty for breach of deed and employment agreement – Respondent claimed applicant estopped from claiming payments because deed resolved all claims – Respondent alternatively claimed applicant on sick leave for remainder of employment and did not meet experience payment criteria – Applicant on sick leave when parties entered deed – Authority found deed did not address issue of sick leave – Found applicant carried out work duties while on sick leave – Found could not be paid sick leave when working – Found applicant ought not to have been paid sick leave for remainder of employment – Found payment should be treated as ordinary pay – Found any outstanding sick leave due and owing – Respondent argued applicant not entitled to experience payment because requisite appraisal process not complete or not successful and estopped from recovering contractual benefits addition to those agreed in deed – Authority rejected estoppel argument – Authority suggested parties attempt to resolve appraisal issue themselves – Found genuine dispute as to obligations under deed – Authority declined penalty application |
| Result | Application granted (sick leave) ; Interest (4.7%) ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA Second Schedule cl11 |
| Number of Pages | 5 |
| PDF File Link: | aa 74_10.pdf [pdf 22 KB] |