| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 82 |
| Determination date | 07 March 2014 |
| Member | E Robinson |
| Representation | N Eketone ; D Organ |
| Parties | Tobin v Rapid Labels Ltd |
| Summary | PRACTICE AND PROCEDURE - Admissibility of evidence - Applicant sought to strike out sections of respondent's statement in reply (SIR") - Whether meetings referred to in disputed sections of SIR held on without prejudice basis" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Items on meeting agenda clearly related to claims made by applicant. Authority required to consider dealings between parties to determine whether respondent carried out fair and proper process including meetings where restructuring proposal discussed. Dispute as to what happened at meetings. No evidence, other than affidavit evidence containing disputed questions of fact, supported assertion meetings held on without prejudice basis. Application to strike out sections of respondent's SIR dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s173 |
| Cases Cited | Kim v Thermosash Commercial Ltd [2011] NZEmpC 169 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_82.pdf [pdf 168 KB] |