| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 173 |
| Hearing date | 1 Nov 2011 |
| Determination date | 10 November 2011 |
| Member | G J Wood |
| Representation | R Wilson ; P Dhall |
| Location | Wellington |
| Parties | Gudopp v Dhall & Nash Fine Wines Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent claimed had not breached terms of settlement – Term of settlement provided that respondent would supply employee with product list and would supply “fine wine” product to applicant at wholesale prices – Document attached to settlement provided certain product would be supplied at stated price - Applicant claimed term of settlement required respondent to use trade catalogue as product list – Respondent claimed list of product on hand included “fine wine” product and complied with term of settlement – Applicant claimed respondent’s list of product on hand did not allow applicant to determine whether product listed at wholesale prices – Respondent claimed had memorandum of understanding with suppliers would only provide trade catalogue to trade customers and applicant not trade customer – Authority found on balance of probabilities respondent had agreement with suppliers would only provide trade catalogue to trade customers – Applicant claimed was not being sold product rather product just provided to applicant under settlement – Found term of settlement provided that certain product would, not might, be made available – Found attached document referred to particular wines not included in list of product on hand – Found therefore parties could not have contemplated that product list would be list of stock on hand – Found “fine wine” implied more than just stock on hand would be on product list supplied by respondent – Found settlement provided for wholesale prices which were set out clearly in trade catalogue but not in list of stock on hand and settlement contemplated cost to applicant would be less than price member of public would pay - Found respondent breached settlement by failing to provide applicant with copy of trade catalogue – Compliance ordered – Respondent warned of consequences of failure to comply |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s138(6);ERA s140(6) |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_173.pdf [pdf 19 KB] |