| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 486 |
| Hearing date | 26 Oct 2011 |
| Determination date | 11 November 2011 |
| Member | R A Monaghan |
| Representation | R Crotty ; M Tolich |
| Location | Auckland |
| Parties | MacFarlane v Dutch Village Trust |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Authority found necessary to refer in detail to confidential terms of settlement - Terms of settlement included that respondent would provide applicant with positive written reference and parties agreed not to make disparaging remarks about each other – Respondent’s previous chairperson (“B”) and was replaced by current chairperson (“H”) – Respondent accepted did not provide applicant with reference and latter provided applicant with ‘certificate of employment’ signed by H – Applicant claimed respondent’s reference did not comply with terms of settlement - Parties agreed that respondent would provide reference signed by B and pay applicant compensation – Term of settlement to be order of Authority – Applicant claimed respondent’s trustee (“V”) made disparaging remarks when spoke to prospective employer (“E”) – Applicant previously employed by respondent to manage aged care facility where V’s parents resided – Applicant undertook training and worked unpaid for E for several months while applicant considered whether to enter into employment relationship with E – E and applicant began negotiating employment agreement - E’s wife told E had been difficult relationship between applicant and V – E called V to find out more about V’s relationship with applicant and told V doing background check on applicant – E did not tell V already knew applicant – Authority accepted V made derogatory remarks about applicant – V claimed made remarks in personal capacity – Respondent claimed V became trustee after parties settled and therefore V spoke to E in personal capacity – Authority found V spoke to E in personal capacity about matters prior to becoming trustee – Found respondent did not breach clause of settlement agreement - PENALTY – Applicant sought penalty for non-compliance and sought order that payments made directly to applicant – No penalty |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s136(2);ERA s149;ERA 149(4) |
| Cases Cited | Musa v Whanganui District Health Board [2010] ERNZ 236 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_486.pdf [pdf 29 KB] |