| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 437/10 |
| Determination date | 11 October 2010 |
| Member | E Robinson |
| Representation | M Round (in person) ; M McFadden |
| Location | Auckland |
| Parties | Round v Employer's Assistance Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicant sought arrears of salary and holiday pay - Applicant claimed was to receive salary increase after six months employment - Applicant claimed did not pursue payment of increased salary after six months as understood respondent in financial difficulty - Claimed held expectation arrears would be paid when respondent in better financial position - Respondent claimed no agreement applicant to receive salary increase - Claimed parties had settled all employment related matters with settlement agreement (“SA”) pursuant to s149 Employment Relations Act 2000 (“ERA”) - Issue whether SA barred applicant’s claim for arrears of salary and holiday pay - Applicant claimed salary arrears did not form part of negotiations that resulted in SA as at time no disagreement between parties - Applicant claimed salary arrears not within contemplation at time SA signed - Claimed never parties’ intention for SA to cover salary arrears - Claimed would not have signed SA if believed covered salary arrears - Respondent claimed SA binding in terms of s149 ERA - Claimed intention of parties in entering SA to prevent all claims by either party and that would have included any alleged salary arrears - Claimed as applicant admitted knew about alleged salary arrears for several years before SA signed must be taken to have settled claim or ought to have specifically reserved matter from terms of settlement - Claimed purpose of SA was for parties to achieve closure - Authority found wording of SA clear and unequivocal - Found were clear statements relating to parties intentions - Found SA covered issue of arrears of salary and holiday pay - Authority considered it pertinent that applicant was, by virtue of experience and knowledge, capable of comprehending significance of terms agreed and signed - Found applicant had access to legal representation and open to him to have reserved any matters wished to exclude from SA - Found words of s149 ERA clear that other than for enforcement, parties may not challenge terms of s149 ERA agreement - Senior Legal Consultant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149;ERA s149(3)(b);ERA s152(2)(a) |
| Number of Pages | 6 |
| PDF File Link: | aa 437_10.pdf [pdf 24 KB] |