| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 235 |
| Determination date | 29 October 2012 |
| Member | H Doyle |
| Representation | B Nevell ; J Farrow |
| Location | Christchurch |
| Parties | Gray v Murrays Veterinary Clinic Ltd |
| Summary | PRACTICE AND PROCEDURE – Admissibility of evidence – Authority noted another Authority member to investigate parties’ substantive issues – Found any concerns about probative or prejudicial value of particular evidence should be made by Authority member determining substantive issues – Application dismissed |
| Abstract | Applicant claimed evidence of another employee of respondent (“M”) relevant to matter. Applicant denied M’s evidence unfairly prejudicial and claimed probative value of M’s evidence should be dealt with by Authority when matter investigated. Authority had previously found M had not raised separate personal grievance in time. Applicant claimed Authority did not previously determine M’s credibility. Respondent claimed that M’s evidence inadmissible. Respondent claimed M’s evidence did not have tendency to prove or disprove applicant’s claims and inappropriate to allow M’s evidence to be heard again in another proceeding. Respondent claimed Authority should be guided by relevant sections of Evidence Act 2006.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Another Authority member to investigate parties’ substantive issues. Any concerns about probative or prejudicial value of M’s evidence should be made by Authority member determining substantive issues. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(2);Evidence Act 2006 s7;Evidence Act 2006 s8 |
| Cases Cited | Gray v Murrays Veterinary Clinic Ltd [2012] NZERA Christchurch 192;Miles v Murrays Veterinary Clinic Ltd unreported, J Crichton, 1 October 2009, CA164/09 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Christchurch_235.pdf [pdf 145 KB] |