Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 319/10
Hearing date 6 Jul 2010
Determination date 12 July 2010
Member Y S Oldfield
Representation R Sivewright (in person) ; L Van Der Kolk (in person)
Location Auckland
Parties Sivewright v Van Der Kolk
Summary BREACH OF CONTRACT – CONSENT ORDER – Applicant requested copies of wage and time records – Authority ordered respondent to provide applicant with photocopies of wage and time records – Applicant claimed respondent breached terms of settlement – Authority found compensatory sum paid in full – Applicant claimed unable to draw on money until day after instalments due – Applicant claimed breach of settlement agreement and requested declaration applicant entitled to full use of funds on due date – Applicant claimed respondent deliberately withheld CV – Respondent claimed posted CV as required by terms of settlement – Found money deposited on due date and fact funds not available until following day issue with bank – Found no evidence to suggest respondent withheld CV – Found respondent posted CV as required by terms of settlement – Found no breaches of terms of settlement
Result Application dismissed ; No order for costs
Main Category Consent Order
Number of Pages 4
PDF File Link: aa 319_10.pdf [pdf 18 KB]