| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 178/10 |
| Hearing date | 13 Aug 2010 |
| Determination date | 03 September 2010 |
| Member | H Doyle |
| Representation | G Burness ; A Higgins |
| Location | Timaru |
| Parties | Bennetts v The Benenue Ltd |
| Summary | BREACH OF CONTRACT - PENALTY - Parties entered into mediated settlement agreement (“SA”) - Clause 1 provided terms of settlement and all matters discussed at mediation to remain confidential to parties - Clause 4 provided that neither party would make disparaging comments about each other - Applicant claimed during review hearing under Injury Prevention, Rehabilitation and Compensation Act 2001 both clauses breached - Respondent’s director’s husband (“L”) represented respondent at review hearing - L not officer or employee of respondent but did undertake duties occasionally but not for remuneration - Application for review of ACC decision to approve applicant’s cover for work related injury lodged prior to parties entering SA - Applicant relied on parts of review decision to support view clause 4 breached - Authority not satisfied statements made by L referred to in reviewer’s decision went beyond grounds for review in application - Found L confined himself to matters raised in application for review which was provided before settlement reached - Found no breach of clause 4 of SA - No penalty awarded - Found L told reviewer parties recently involved in mediation and mediation had ruled in respondent’s favour - Found strict interpretation of clause required where breach could lead to penalty - Found on strict interpretation Authority not satisfied had been breach as L did not refer to terms of settlement or matters discussed at mediation - Found while L’s comments about mediation unwise and caused applicant concern no breach of clause 1 - No penalty imposed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s149;ERA Second Schedule cl10(1);Injury Prevention, Rehabilitation and Compensation Act 2001 |
| Number of Pages | 5 |
| PDF File Link: | ca 178_10.pdf [pdf 21 KB] |