| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 473 |
| Determination date | 02 November 2011 |
| Member | A Dumbleton |
| Representation | J R Anderson ; N Lucie-Smith |
| Location | Auckland |
| Parties | Anderson v Chief of Defence Force |
| Summary | COMPLIANCE ORDER – GOOD FAITH - Applicant sought compliance with settlement agreement and claimed respondent breached good faith obligations – Applicant applied for respondent’s vacancy after settlement reached and told by respondent’s human resources advisor was unsuitable for employment given previous employment background – Applicant claimed respondent had breached settlement agreement as applicant had resigned from respondent’s navy but sought employment with respondent’s air force or army – Respondent claimed applicant’s rejection did not breach settlement and applicant’s claims were frivolous and vexatious – Authority found applicant’s claim had no merit – Found applicant applied for employment with same employer of employees who worked for different services within respondent - Found settlement’s reference to “future disputes” not one Authority could interfere with - Found respondent did not breach parties’ settlement agreement – Found applicant referred to settlement’s background which was only included as matter of record - Found applicant’s claim so obviously untenable and manifestly groundless to be without prospect of success – Found applicant’s claim frivolous and vexatious – Application dismissed |
| Result | Application dismissed ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s149;ERA Second Schedule cl12A;High Court Rules r15.1 |
| Cases Cited | Attorney-General v Wentworth (1988) 14 NSWLR 481 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_473.pdf [pdf 21 KB] |