| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 308 |
| Determination date | 19 July 2013 |
| Member | T G Tetitaha |
| Representation | H White ; S J Turner, S J Clark |
| Parties | Taufua v Fonterra Brands (New Zealand) Ltd |
| Summary | PRACTICE AND PROCEDURE – Admissibility of evidence - Respondent sought whole or partial exclusion of three witness statements |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: First witness statement addressed in earlier determination. Second witness involved in making video. Second witness’s explanation of conduct and applicant’s liability relevant to matter. Expression of remorse not inadmissible. Second witness statement admissible. Third witness statement addressed in related matter. All but one paragraph admissible. Application partially granted. |
| Result | Application partially granted. Costs reserved. |
| Main Category | Practice & Procedure |
| Statutes | ERA s157 - ERA s160(2) - Evidence Act 2006 |
| Cases Cited | Flynn v Fonterra Brands (New Zealand) Ltd [2013] NZERA Auckland 307;Maritime Union of New Zealand Inc v TLNZ Ltd [2007] ERNZ 593;Vollmer v The Wood Life Care (2007) Ltd [2012] NZERA Christchurch 257 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Auckland_308.pdf [pdf 89 KB] |