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Section 149 Settlement Agreements: Avoiding Drafting Conflicts

A drafting problem in a mediated s 149 settlement where clauses about when agreement became binding did not align with a separate requirement for mediator sign-off, creating an avoidable enforcement dispute.

Matched passage: Watch for release, non-disparagement, confidentiality, or repayment clauses that kick in even if the s 149 step is not completed.
Received a Personal Grievance from an Employee?

What an employer should do after receiving a personal grievance: do not concede or retaliate, preserve records, identify the legal claims and deadlines, and assess whether mediation or a defended response is appropriate.

Matched passage: The employer should think about finality, confidentiality, non-disparagement, tax treatment, return of property, reference wording, payment timing, contribution to costs, and whether the agreement should be signed under section 149 of the Employment Relations Act 2000.
Joyce v Ultimate Siteworks Limited [2024] NZEmpC 204 - costs, interlocutory outcomes and representative conduct

Joyce v Ultimate Siteworks concerned costs after a substantive Employment Court matter and four interlocutory disputes, including an unsuccessful sanctions application and a withdrawn request understood by the Court as contempt-like. The judgment also addressed allegations about whether representative conduct had increased the other side's costs.

Matched passage: Mr Joyce obtained a stay, although it was conditional on payment into Court and that payment was not made.
Employer ERA costs: when an employer can claim costs after winning

What an employer can realistically recover in ERA costs after successfully defending a claim, including the daily-tariff starting point and the circumstances that can increase or reduce an award.

Matched passage: Following my written submissions for the claimant employee to hand up to the Authority Member, the claimant employee was ordered to pay a total of $2,590.

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