PETERS v MARLBOROUGH FREE KINDERGARTEN ASSOCIATION (ERA)

In PETERS v MARLBOROUGH FREE KINDERGARTEN ASSOCIATION [2024] NZERA 549 we acted for the employer.  Their employee was investigated for misconduct. The investigator explained her initial views about the complaints to the employee’s union, leading to the union advocate saying that the employee may be willing to resign if the investigation ended and an acceptable settlement was agreed.
 
The employer agreed, and the parties signed a Record of Settlement (ROS). The union advocate agreed to lodge the ROS with the mediation service. There was a delay, and when the employer chased up the union advocate, the employer was told that the employee had changed her mind and refused to authorise the mediator to sign the ROS.
 
The employee then lodged a statement of problem raising complaints about her employment.
 
The Authority agreed to investigate whether the parties had reached a settlement. 
 
The Authority agreed that the parties had settled the underlying grievance.

[38] Accordingly, in summary, I find that Ms Peters is prevented (‘estopped’) from bringing her claims because she created a belief of expectation by MKA that all matters relating to the employment relationship had settled and that the settlement document was binding upon signing.
 
…and I find that ‘accord and satisfaction’ was reached in that MKA was induced to think that by Ms Peters had agreed to be bound including that it was induced by her signing of the settlement document and then acceptance of the salary to December 2023 as was a term of that document.

This was a good result for our client and we were pleased that the Authority came to the correct decision.