| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 233 |
| Hearing date | 16 Dec 2010 - 26 May 2011 (2 days) |
| Determination date | 01 June 2011 |
| Member | Y S Oldfield |
| Representation | S Tee ; A Caisley |
| Location | Auckland |
| Parties | Craig v Western Mailing Ltd and Anor |
| Other Parties | Western Mailing (Wellington) Ltd |
| Summary | CONSENT ORDER – Matter originally filed as compliance order – Applicant sought compliance with mediated settlement agreement (“SA”) – Term of SA that respondent calculate bonus owing to applicant and pay any amount owed – Respondent claimed calculated applicant not owed bonus and therefore had complied with SA – Applicant sought access to respondent’s accounts to confirm whether respondent’s calculations correct – Claimed SA allowed him access to information – Applicant filed amended statement of problem adding claims matter gave rise to dispute, unjustified disadvantage and arrears claim – Respondent claimed SA was full and final settlement of all claims and applicant precluded from raising any sort of claim – Also claimed grievance not raised within 90 days and did not consent to grievance being raised out of time – Parties advised Authority reached agreement on limited issues in way enabling Authority to establish process by which matter to be disposed of - Parties confirmed shared understanding that: SA, having been signed by mediator in accordance with s149 Employment Relations Act 2000, was binding and enforceable – Respondent accepted Authority had jurisdiction to enforce SA and therefore investigate and determine compliance order application – However, respondent remained of view SA precluded applicant from bringing grievance, dispute or arrears claim - Applicant’s position was that original application for compliance not limited to application for provision of information, but to enforce compliance with SA in its entirety, and that application remained live - Respondents accepted that in proceeding to investigate application for compliance Authority would first need to determine whether been breached which would require assessment of what bonus was payable – Accepted inquiry would require Authority to have regard to audited accounts - For avoidance of doubt applicant would formally confirm that application for compliance with SA remained on foot – Once applicant confirmed application still on foot process would be set for investigation into application for compliance – Process would include mechanism for Authority to have access to audited accounts while addressing respondents’ concerns regarding confidentiality |
| Result | Consent order granted ; Orders accordingly ; No order for costs |
| Main Category | Consent Order |
| Statutes | ERA s137;ERA s149;ERA s151 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_233.pdf [pdf 14 KB] |