| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 137 |
| Determination date | 09 April 2014 |
| Member | E Robinson |
| Representation | S-J Neville ; G Service |
| Parties | Simpson v IBM New Zealand Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Whether appropriate to close investigation meeting to public - Application for non-publication of commercially sensitive evidence - Applicant did not oppose application |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Information contained in briefs of evidence and supporting documentation commercially sensitive and had necessary character of confidentiality such that would be appropriate for Authority to exercise discretion and make orders sought. Not fair to allow respondent's competitors to access respondent's confidential information by attending investigation meeting. Sufficiently real and substantial reason for excluding public from investigation meeting. Sufficiently real and substantial reason for prohibiting publication of respondent's confidential information and clients given potential for harm to respondent's legitimate business interests. Investigation meeting to be closed to public. Authority ordered non-publication of evidence given or pleadings filed in matter and names of respondent's clients referred to in matter. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(e);ERA Second Schedule cl10(1) |
| Cases Cited | Clark v Attorney-General (No 1) [2005] NZAR 481;Davis v Bank of New Zealand [2004] 2 ERNZ 511;Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546;The King v Sussex Justices, Ex parte McCarthy [1924] 1 KB 256 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_137.pdf [pdf 158 KB] |