The challenge of presenting a transaction contract to the worker at the time of a possible dismissal is in the approach – with an incorrect act that could lead to constructive dismissal if the transaction is not accepted. On the other hand, if the transaction agreement had been signed by a mediator in accordance with Article 149 of the law, a right to enforcement could be introduced to the Labour Relations Authority and sanctions would be imposed in the event of an infringement. However, the current law is that it is not possible to claim damages from the Employment Agency because of a violation of a settlement agreement signed by an Ombudsman1. 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. Mr. Duggan and Armaan Dev Enterprises Ltd (the employer) entered into a transaction agreement following an employment problem. The transaction agreement, which contained a pejorative clause, was signed by both parties and confirmed by an MBIE mediator. If you ask a mediator to sign a transaction agreement, it will be more difficult for the parties to terminate that agreement, but it may also be more difficult for the parties to claim damages for breach of a transaction agreement. Sanctions are still available for violations of a negotiated settlement agreement, but they are limited in quantum to $10,000 for individuals and $20,000 for businesses. On the other hand, if you do not get a mediator to sign a transaction contract, the agreement might be easier to resolve, but damages will be available for a violation of this settlement agreement, while any claim should be made in the courts of ordinary jurisdiction. While transaction agreements may seem like an easy ending to your problems, it`s worth taking the time to fix them properly and make sure they offer the protection you`re looking for. An employee signed a billing statement, which was then signed by a mediator.
Subsequently, she received medical advice that she was more likely to sign the billing file and that the Ombudsman called her to explain the effect of Section 149, and that she was not in a position to call a lawyer. The employee then tried to tip the billing record. The company was ordered to pay a fine of $3,000.00 for breach of the signed transaction agreement. $2,250.00 for Mr. Duggan and $750.00 for the crown. In addition, they must pay $1,350.00 for Mr. Duggan`s fees and $71.56 in refund of the registration fee. The total is $4,421.56. The Authority must consider whether it has reason to cancel the agreement, given that it was signed as part of a “comprehensive and final settlement” and that consideration has been given to the resulting dismissal situation. The Deloitte advisor was unable to convince the employment agency that the transaction contract was valid.