| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 511 |
| Hearing date | 28 Nov 2011 |
| Determination date | 01 December 2011 |
| Member | J Crichton |
| Representation | M Foote ; W Pepperell |
| Location | Hamilton |
| Parties | Plumbing and Gas Works Ltd v Bryant |
| Summary | PENALTY – Applicant sought penalty for alleged breach of confidentiality clause in settlement agreement – Respondent notified of complaint concerning tradesman registration – Respondent believed applicant sent complaint – Respondent replied to complaint by letter – Applicant claimed respondent’s letter breached confidentiality clause in settlement – Applicant manager (“F”) claimed respondent had attempted to blacken name and damage integrity with applicant – Authority satisfied complaint made by member of Waikato Master Plumbers Association via secretary who was also F – Found ill advised of F to deal with complaint given employment relationship problems between parties – Found F only messenger and did not act out of malice – Found F did not breach settlement – Found respondent’s view that applicant made complaint understandable mistake which was facilitated by F’s error of judgment in handling complaint – Found respondent believed letter sent in confidential setting – Found respondent breached settlement but did so innocently in the mistaken belief that was responding to complaint from applicant who respondent believed on reasonable grounds had already breached settlement – Found penalty inappropriate despite technical breach of settlement by respondent – Found contribution from F of such magnitude that F effectively created environment in which respondent breached settlement – No penalty – Plumber Gas Fitter |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Penalty |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_511.pdf [pdf 35 KB] |