Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 64/02
Hearing date 16 Jul 2002
Determination date 20 July 2002
Member G J Wood
Representation J Douglas ; J Kean
Location Wellington
Parties Thomas v Fujitsu New Zealand Ltd
Summary COMPLIANCE ORDER - Compliance with terms of mediated settlement sought - Agreement to provide training - Alleged training inadequate - Training through self-study course - Policy change required all staff undergoing training to be bonded - Self-study sufficient training in terms of settlement - Bonding policy introduced after settlement - Bonding not part of settlement - Compliance order directing applicant not to be bonded - UNJUSTIFIED DISADVANTAGE - Alleged breach of contract - Insufficient training - Bonding was unilateral variation of contract - Training sufficient - Bonding was only prospective - No present damage - Disadvantage claim not established
Result Application granted (Compliance order) ; Compliance ordered ; Application dismissed (Unjustified disadvantage) ; Costs reserved
Statutes ERA s137(1)(iii)
Number of Pages 8
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