| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 522 |
| Determination date | 14 November 2013 |
| Member | A Fitzgibbon |
| Representation | G Pollak ; R Rendle |
| Parties | Williams v Gea Nu Con Ltd |
| Summary | PRACTICE AND PROCEDURE – Admissibility of evidence – Applicant sought to admit without prejudice settlement agreement as evidence – Whether admissibility previously determined – Whether previous direction of Authority “determination” of Authority – Applicant included without prejudice correspondence with statement of problem |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Settlement agreement not attached to statement of problem and not considered when Authority issued previous direction. Previous Authority direction procedural ruling regarding material Authority Member would receive. Previous Authority direction not determination. No unfair pressure on applicant to sign settlement agreement. Settlement agreement part of without prejudice discussion. Settlement agreement privileged and inadmissible. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s149;ERA s179 |
| Cases Cited | Hallwright v Forsyth Barr Ltd [2013] NZEmpC 134;McConnell v Board of Trustees of Mt Roskill Grammar School [2013] NZEmpC 150;Van der Sluis v Health Waikato Ltd [1995] 1 ERNZ 478 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_522.pdf [pdf 280 KB] |