| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 241/10 |
| Hearing date | 14 May 2009 - 15 MAy 2009 |
| Determination date | 24 May 2010 |
| Member | L Robinson |
| Representation | A Drake, R Childs ; D Organ |
| Location | Auckland |
| Parties | Parata v Montage General Insurance Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with settlement agreement – Alternatively sought compliance with parties’ oral agreement – Respondent argued no binding oral or written agreement made– Applicant dismissed for poor performance – Parties entered into negotiations over settlement agreement – Draft agreement sent to respondent for consideration – Parties orally discussed terms and email sent to both parties to confirm settlement terms - Respondent later discovered applicant misrepresented qualification upon commencing employment – Parties signed written agreement – Respondent subsequently advised applicant not intending to meet agreement and instructed mediator not to sign agreement – Authority found written agreement not enforceable under s149 Employment Relations Act 2000 as not signed by mediator – Found however, parties’ negotiations leading up to written agreement constituted binding oral agreement – Found respondent sought to resile from oral agreement as believed not entitled to pay applicant as applicant dishonest about qualifications – Found respondent could not rely on alleged misrepresentation as already knew such matters before entering agreement – Found not equitable to release respondent from promise made – Compliance ordered – Interest payable - PENALTY – Authority declined to order penalty – COUNTERCLAIM – Respondent counterclaimed applicant indebted to respondent - Authority declined to grant orders on counterclaim as settlement agreement full and final between parties – Manager |
| Result | Compliance ordered ; Orders made ; Interest (4%) ; Penalty declined ; Counterclaim dismissed |
| Main Category | Compliance Order |
| Statutes | ERA s148;ERA s149 |
| Number of Pages | 9 |
| PDF File Link: | aa 241_10.pdf [pdf 33 KB] |