| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 89 |
| Hearing date | 5 May 2011 |
| Determination date | 26 May 2011 |
| Member | G J Wood |
| Representation | K Mair ; D Livingston |
| Location | Wellington |
| Parties | Marumaru v Waipakuranui Inc |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with confidential settlement agreement and consent order - Respondent denied breached terms of settlement – Terms of settlement included respondent to pay applicant compensatory sum in full and final settlement of all matters between parties – Applicant claimed that respondent noting in Annual General Meeting (“AGM”) report that redundancy, settlement, legal and other costs incurred well over $100,000 breached settlement – Authority found AGM disclosure did not breach settlement as settlement sum not disclosed and respondent legally required to disclose actual amount in annual accounts – Applicant claimed respondent also breached settlement by referring to settlement in evidence given at Maori Land Court (MLC") where described applicant’s claim as vexatious and reluctantly agreed to in light of cost of “continuing to fight” – Authority found MLC reference breached settlement as all matters parties discussed should remain confidential – Noted respondent’s evidence included views settlement reluctantly agreed to and implied employment claim also vexatious - Authority accepted respondent’s undertaking before investigation meeting would not breach terms of settlement – Compliance order declined – COSTS - Authority noted both parties incurred significant costs and both partially successful – Noted applicant claimed remedies that could not have been awarded by Authority and, if applicant accepted respondent’s undertaking, could have avoided investigation meeting – Noted respondent failed to formally accept previously breached settlement – Respondent to pay applicant $250 contribution to costs" |
| Result | Compliance declined ; Costs in favour of applicant ($250) |
| Main Category | Compliance Order |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_89.pdf [pdf 15 KB] |