The transaction agreements were recently reviewed by the Court of Appeal in a case involving JP Morgan Chase Bank NZ and its former collaborator, Mr Lewis. In this case, the parties had signed a transaction agreement but had failed to obtain a mediator. If you are in the settlement process and would like advice, please contact Talbot Law today. Please contact Glenn or Jeremy if you need legal advice on a transaction agreement. Once the minutes of settlement are signed by the parties and the Ombudsman, the agreement becomes a complete and final settlement and cannot be reopened by any of the parties. The case should serve as a reminder that parties entering into transaction agreements under the Employment Relations Act are expected to comply with the terms of the settlement and that these settlement conditions are enforced. Parties who violate the provisions of such an agreement can expect to be brought to justice and should therefore think carefully before deciding on the issues covered by those agreements. The Employment Relations Authority fined an employer $600 for complying with the negotiated transaction. The employment tribunal ordered Sky City to pay $7,500 as a penalty for the two breaches of the transaction contract. 75% of this amount was paid to Mr. L., the remainder to be paid to the crown. While the Supreme Court`s analysis is not surprising or new, it reminds us of the right approach to establishing transaction agreements and the importance of documenting each regulation in a language that clearly indicates which rights are tainted and what rights are being respected, if at all.
Once a billing protocol has been submitted, an employment mediator will contact the parties involved: transaction agreements may look like the answer to all your problems as an employer, but finding the solution and making sure you can rely on the comparison can be more difficult than you think. For example, when an employee does not have a representative to advance the tally, without necessarily giving the employee a reasonable amount of time to review the terms and/or advise. It is important to know that a staff member may be able to challenge the validity of a transaction contract if he or she did not have a reasonable opportunity to be advised prior to signing and, therefore, if the employee wishes to waive that right, this must be reflected in the terms of the Protection Agreement from you and your company. As noted above, the agreement also provided that Mr. L. could apply for future positions. There was evidence that he had done so no less than four times, all without success. Sky City submitted that there had been no infringement because the clause only meant what it said, namely that Mr. L was able to apply for future positions and that he had done so. Sky City submitted that Mr.
L. had only been able to complete a job application and that, at that time, Sky City`s engagement had ended. The Labour Tribunal rejected this argument and indicated that the clause would have been totally unnecessary if it had been. It does not follow, however, that Mr. L. was successful in filing an application. The Labour Tribunal found that the inclusion of the “no” to the personnel issue in the staff computer system, which Sky City recognized as a factor in the unsuccessful subsequent applications of Mr. L. to the job, was also contrary to the labour agreement.