| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 187/10 |
| Hearing date | 1 Apr 2010 |
| Determination date | 26 April 2010 |
| Member | V Campbell |
| Representation | P Evans-McLeod (in person) ; J Rooney |
| Location | Hamilton |
| Parties | Evans-McLeod v Telecom New Zealand and Ors |
| Other Parties | Dalzell, Young, Hoult |
| Summary | PRACTICE AND PROCEDURE – Whether second, third and fourth respondents applicant’s employer – Authority found respondents all senior managers – Found documentation showed first respondent applicant’s employer at all material times – First respondent applicant’s employer only - JURISDICTION – Whether Authority has jurisdiction to investigate personal grievance after parties concluded mediated settlement agreement – Applicant claimed “micro-managed”, akin to bullying, out of position constituting constructive dismissal – Sought settlement agreement to be set aside as applicant claimed entered into agreement under duress - First respondent argued settlement agreement full and final of all matters between parties – Argued bullying claim discussed between parties before agreement concluded – Authority found “micro-managed” allegation raised before parties concluded agreement – Found applicant advised first respondent suffering stress – Found applicant’s constructive dismissal grievance contemplated by parties prior to agreement – Found parties freely entered into agreement – Found no jurisdiction to investigate personal grievance – Application declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s5;ERA s103A;ERA s149;ERA s149(3);ERA Second Schedule cl10;Health and Safety in Employment Act 1992 |
| Cases Cited | Clark v Sal’s Trading Company Ltd unreported, V Campbell, Dec 3 2007, AA 378/07;Marlow v Yorkshire New Zealand Ltd [2000] 1 ERNZ 206;McRae v The $2 Shop Ltd unreported, L Robinson, 2 July 2007, AA 132A/07 |
| Number of Pages | 5 |
| PDF File Link: | aa 187_10.pdf [pdf 31 KB] |