| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 506/10 |
| Determination date | 10 December 2010 |
| Member | A Dumbleton |
| Representation | D O'Neill ; A Steele |
| Location | Auckland |
| Parties | Greenbaum v The Waikato District Health Board |
| Summary | PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant claimed matter resolved with respondent through exchange of emails which took place with view to settling employment dispute – Applicant claimed accepted offer of settlement – Respondent claimed offer made in error – Applicant claimed notwithstanding any error there had been offer and acceptance and therefore binding accord and satisfaction of claims – Authority found letter could not reasonably have been regarded as receipt of offer or counter offer made to applicant – Found letter proposed offer intended for consideration by respondent before being communicated to applicant – Found without prejudice letter not offer – Found while applicant purported to accept offer, offer not made to applicant – Found no contract of accord and satisfaction – Found time prevented Authority from addressing privilege arguments |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 5 |
| PDF File Link: | aa 506_10.pdf [pdf 24 KB] |