| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 131/10 |
| Hearing date | 21 Jun 2010 |
| Determination date | 23 June 2010 |
| Member | J Crichton |
| Representation | N Penney (in person) ; K Burson |
| Location | Christchurch |
| Parties | Penney v Fonterra Cooperative Group Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to reopen investigation six months after settlement agreement executed – Authority found filing application to reopen not timely – Found no miscarriage of justice in denying application to reopen – Found applicant sought to revisit matter after significant lapse of time – Found settlement agreement generous – Applicant concerned could not find alternative employment because of stain on record following dismissal – Applicant wished to pursue permanent reinstatement – Found claim for reinstatement weak – Found settlement agreement fair and reasonable – Found not in interests of public policy to encourage settlements reached between parties to be overturned – Applicant claimed under particular stress at time entered settlement agreement – Found applicant not subject to duress and not bullied into signing agreement – Found settlement agreement complete – Found respondent may plead accord and satisfaction because terms partially performed and respondent ready, willing and able to complete terms of settlement – Application to reopen investigation denied – Milk tanker driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149;ERA Second Schedule cl4 |
| Cases Cited | Cabletalk Astute Network Services Ltd v Cunningham [2004] ERNZ 506;Eastern Bay Independent Industrial Workers’ Union v Carter Holt Harvey Ltd unreported, A Dumbleton, 17 March 2009, AA 79/09;House v Independent Power NZ Ltd unreported, A Dumbleton, 10 Aug 2004, AA 250/04;Joynt v The Board of Trustees of Manukau View School unreported, Y S Oldfield, 22 Aug 2001, AA 89/01;New Zealand Waterfront Workers’ Union v Ports of Auckland Ltd [1994] ERNZ 604;Reid v New Zealand Fire Service Commission (No 2) [1998] 3 ERNZ 1237;Scott v Wise [1986] 2 NZLR 484 |
| Number of Pages | 9 |
| PDF File Link: | ca 131_10.pdf [pdf 29 KB] |