| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 538 |
| Determination date | 25 November 2013 |
| Member | R Larmer |
| Representation | C Bright ; Mark Lawlor, C Coup |
| Parties | Sheeran v City Fitness Group Ltd |
| Summary | PRACTICE AND PROCEDURE – Admissibility of evidence – Respondent sought to exclude evidence of conversation between mediator and respondent’s employee – Parties unable to settle dispute at mediation – Parties discussed way forward with assistance of mediator – Applicant claimed to have overhead mediator ask question of employee – Applicant raised conversation in statement of problem – Whether alleged comments made in course of mediation – Mediation confidentiality |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Clear parties still in mediation. Comments inadmissible. Inherently unlikely comments occurred. Unlikely Authority would accept applicant’s version of events. No evidence of wrongdoing qualifying as public policy exception to s148 Employment Relations Act 2000. Evidence of conversation inadmissible. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s148(1);ERA s148(3);ERA s148(6)(a) |
| Cases Cited | George v Auckland Council [2013] NZEmpC 76;Hamon v Coromandel Independent Living Trust (2013) 10 NZELC 79-022;Jesudhass v Just Hotel Ltd [2006] ERNZ 173;Just Hotel Ltd v Jesudhass [2007] ERNZ 817 ; [2008] 2 NZLR 210 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Auckland_538.pdf [pdf 209 KB] |