| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 14 |
| Determination date | 31 January 2014 |
| Member | M B Loftus |
| Representation | P Cranney ; B Dorking |
| Parties | B v Professor Harlene Hayne, Vice Chancellor of University of Otago |
| Summary | JURISDICTION – Whether Authority had jurisdiction to consider whether respondent’s lawyer behaved improperly and whether suppression order of District Court breached – Applicant claimed unjustifiably disadvantaged by final written warning based on information obtained contrary to suppression order of District Court |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Authority ordered interim non-publication of applicant’s identity. Amendment to applicant’s statement of problem appropriate as claim focused on respondent’s actions rather than lawyer’s advice. Authority had jurisdiction to consider applicant’s personal grievance claim and situation not altered by fact determination may involve issues of general law, including whether evidence obtained lawfully. Authority had jurisdiction to consider applicant’s claim. |
| Result | Application granted ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | Criminal Procedure Act 2011;ERA s5;ERA s103A;ERA s161;ERA s161(1);ERA s161(1)(e);ERA s161(1)(r);Lawyers and Conveyancers Act 2006;Machinery Act 1950;Private Investigators and Security Guards Act 1974;Private Investigators and Security Guards Act 1974 s52 |
| Cases Cited | Gapuzan v Pratt & Whitney Air New Zealand Services t/a Christchurch Engine Centre [2013] NZEmpC 158;Hibernian Catholic Benefit Society v Hagai [2014] NZHC 24;Northern Distribution Union v Sherildee Holdings Ltd (t/a New World Titirangi) [1991] 2 ERNZ 675;R v Paterson [1992] 1 NZLR 45;Ravnjak v Wellington International Airport Ltd [2011] ERNZ 32 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Christchurch_14.pdf [pdf 155 KB] |