| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 469 |
| Hearing date | 1 Jul 2011 |
| Determination date | 28 October 2011 |
| Member | D King |
| Representation | S Austin ; L Jones, M Beech |
| Location | Auckland |
| Parties | Tomo v Checkmate Precisions Cutting Tools Ltd |
| Summary | PRACTICE AND PROCEDURE – Whether accord and satisfaction – Applicant claimed unjustifiably dismissed by respondent – Respondent claimed binding agreement reached to settle matter – Applicant invited to attend meeting to discuss proposal to disestablish applicant’s position – No signed copy of employment agreement – Applicant claimed had become union member and collective agreement applied – Applicant suggested redeployment under the adult apprenticeship scheme or alternatively severance package of voluntary resignation with payment of holiday pay, six weeks’ notice paid in lieu and $8,000 compensation – Respondent claimed no basis for payment – Applicant resigned from union and signed resignation letter – Respondent claimed rejected settlement proposal – Respondent claimed agreed with applicant that applicant would be made redundant and would work out six week notice period – Respondent sent applicant letter which set out agreement – Applicant disputed agreement reached – Authority found agreement reached on process for implementation of applicant’s redundancy – Found neither letter nor meeting notes referred to personal grievance – Found no mention of full and final settlement – Found no consideration – Found no meeting of minds regarding anything other than how redundancy would be implemented – Found no accord and satisfaction – Found applicant not estopped from pursuing personal grievance – Driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s61(2)(a) |
| Cases Cited | Graham v Crestline Pty Ltd [2006] ERNZ 848 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_469.pdf [pdf 21 KB] |