Skip to Content, Skip to Navigation
Advertisement

Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Accident Compensation Cases

McGrath-Hussey v Accident Compensation Commission (ERA, 20/02/04)

Judgment Text

CONSENT DETERMINATION OF AUTHORITY 
Member Denis Asher
Employment Relationship Problems 
1.
In an application received on 22 January 2004 Ms McGrath-Hussey initially sought an urgent investigation in respect of a number of employment problems with the respondent (ACC). Those problems were subsequently amended and urgency was no longer sought. 
2.
In her third statement of problem received on 17 February the applicant asked that her employment relationship problem be resolved by directing ACC to comply with clause 32 of her employment agreement, to pay to her compensation of $12,500 for humiliation etc and to pay solicitor-client costs. 
3.
ACC did not accept it had not complied with the applicant's employment agreement and opposed the orders sought. 
4.
The parties undertook mediation on two separate occasions but the employment relationship problem remained. 
Preliminary Conference 
5.
During a preliminary telephone conference with the parties agreement was reached on a two-day investigation in Wellington commencing at 10.00 a.m. on Thursday 19 February 2004. The parties usefully provided written statements and copies of documentary evidence in advance. 
Settlement 
6.
I am able to record that during the investigation the parties arrived at a settlement. The parties have asked that their settlement be recorded by way of a consent order. Their request is granted. By consent the following terms are the orders of the Authority in this matter: 
a.
The proceedings are withdrawn. 
b.
Costs are to lie where they fall. 
c.
The applicant resigns from her employment today. 
d.
The respondent waives the requirement for one month's notice and will pay the applicant in lieu of notice the sum of $4,607 (four thousand, six hundred and seven dollars) gross. 
e.
Payment is to be made within 7-days from today. 
f.
The respondent will provide the applicant with a certificate of service. 
g.
The terms of the consent order fully and final settle all issues arising out of the employment relationship. 

From Accident Compensation Cases

Table of Contents