The Employment Relations Authority has found that an employer breached a settlement agreement by commenting on the agreement and making disparaging remarks about the employee on a company website.

The mediated agreement provided that neither party would comment on the apology given by the employee to the employer or make any disparaging remarks about the other.

The company’s breach of this agreement was regarded as serious and they were penalised $4,000.  Of that $4,000, $3,000 is to be paid to the employee and $1,000 to the Crown.

Mediated settlement terms, such as confidentiality and not making any disparaging comments about the other party, are to be taken seriously and will be enforced strictly by the Employment Relations Authority.

Alan Knowsley
Employment Lawyer