| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 503 |
| Hearing date | 3 Nov 2011 |
| Determination date | 28 November 2011 |
| Member | R A Monaghan |
| Representation | M O'Neill ; A Russell |
| Location | Auckland |
| Parties | Greenbaum v Waikato District Health Board |
| Summary | DISPUTE – COMPLIANCE ORDER – Applicant obtained vocational registration as plastic surgeon which triggered termination of employment and obligation to pay under mediated settlement – Applicant sought compliance with settlement agreement – Applicant claimed terms of settlement breached – Applicant claimed entitled to expenses of attendance at relevant conferences – Applicant did not register or attend any conferences during period claimed – Authority found claim made as if applicant had standard entitlement incorporated into remuneration – Found no entitlement to payment so non-payment did not amount to breach – Found applicant incorporated into claim for payment under settlement agreement, payment for certain expenses incurred during employment and not reimbursed – Found lack of evidence regarding expenses owing – Parties to resolve outstanding issues between themselves – Applicant sought payments in respect of expenses incurred after termination of employment – Found applicant entitled to payments applicant would have received had employment continued but payments must be calculated with reference to underlying entitlements contained in collective employment agreement – Found some expenses would not have been incurred at all after termination – Found payment of membership fees did not depend on continuation of work-related activity – Found fees payable – Found no breach of settlement agreement in relation to expenses and sick leave – Found applicant entitled to $5,138 in respect of membership fees – Found no requirement for respondent to act immediately to process applicant’s termination of employment – Found respondent only had one hour notice of termination and had rostering and staffing implications resulting from termination – Found unreasonable for applicant to threaten litigation less than two full working days after respondent received incomplete advice of grant of registration – Found necessary grant of registration followed next week – Found premature to file statement of problem for demand for immediate payment of unspecified sum – Found delay in payment not unreasonable – Found circumstances did not amount to refusal to pay – Found disputed entitlement to certain payments – Found no refusal to provide calculations in support of payment, rather delay in doing so – Found no deliberate delaying tactics – PENALTY – Applicant sought penalty for breach of good faith – Found no breach of good faith – Applicant claimed respondent breached settlement agreement – No penalty awarded |
| Result | Compliance ordered ; Interest (5%) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s4;ERA s4A;ERA s149 |
| Number of Pages | 13 |
| PDF File Link: | 2011_NZERA_Auckland_503.pdf [pdf 52 KB] |