| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 259 |
| Determination date | 26 November 2012 |
| Member | M B Loftus |
| Representation | K Coulston ; M Guest |
| Location | Christchurch |
| Parties | G v H (a former employee of G's) |
| Summary | PRACTICE AND PROCEDURE – Application for interim suppression of respondent’s identity – Authority found Authority potentially nullifying effect of another body’s decision would frustrate administration of justice – Application for interim suppression of respondent’s identity granted – Applicant’s identity suppressed on interim basis also – Application for substantive matter to be heard by specific Authority member – Found matter heard earlier by specific Authority member not between parties, for Authority to determine who hears matters and spectre of bias could be raised if inference party may have influenced selection of Authority member – Application for substantive matter to be heard by specific Authority member declined – Application for removal to Employment Court – Found no argument tendered in support of application for removal and no question of law identified – Application for removal declined |
| Abstract | Applicant sought penalties against respondent. Respondent sought interim suppression of respondent’s identity, requested substantive matter be heard by specific Authority member and sought removal of matter to Employment Court. Respondent claimed issues giving rise to applicant’s claim litigated already in another jurisdiction where respondent’s identity suppressed. Respondent claimed specific Authority member heard and decided substantive case between parties earlier.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Authority potentially nullifying effect of another body’s decision would frustrate administration of justice. Application for interim suppression of respondent’s identity granted. Applicant’s identity suppressed on interim basis to prevent identification of respondent from earlier decision. Matter heard earlier by specific Authority member not between parties but between applicant and another former employee. Authority to determine who hears matter and inference party may have influenced selection of Authority member could raise spectre of bias. Application for substantive matter to be heard by specific Authority member declined. No argument tendered in support of application for removal, no question of law identified and law relating to penalties well established. Application for removal declined. |
| Result | Application partially granted ; Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA |
| Cases Cited | R v Paterson [1992] 1 NZLR 45 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Christchurch_259.pdf [pdf 90 KB] |