| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 96 |
| Determination date | 24 February 2014 |
| Member | T G Tetitaha |
| Representation | A M McInally ; P Skelton |
| Parties | Keys v New Zealand Steel Ltd |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issue - Respondent sought disclosure of applicant's medical records - Respondent claimed records relevant to remedy of reinstatement as disclosure would assist Authority to assess whether further injuries likely - Applicant claimed application for general discovery |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: No general power to order discovery of documents. Care required to ensure Authority stayed within jurisdiction. Medical records not with respondent at time of dismissal so information not relevant to substantive determination of unjustified dismissal. Authority would be better assisted by an expert medical opinion on applicant's ability to be reinstated. Not open for Authority to substitute its non-specialist opinion for expert opinion evidence. Application declined. Leave granted for respondent to renew application at later stage if evidence relevant following briefing of expert medical witness and records not available elsewhere or by consent. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(a) |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_96.pdf [pdf 133 KB] |