| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 335 |
| Determination date | 13 August 2014 |
| Member | T G Tetitaha |
| Representation | R McCabe, C Abaffy ; A Caisley, D France |
| Parties | A v B Ltd |
| Summary | PRACTICE AND PROCEDURE - Authority proposed release of previous determination with parties' names redacted - Applicant claimed other details in previous Authority determination likely to identify applicant - Pilot |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant should have made clearer if suppression of other details important to applicant. Applicant's submissions did not address how reference to any details applicant concerned about would identify applicant. Reasonable to infer applicant did not work with same crew constantly, was one of many pilots, did not fly exclusively to destination where incident subject of applicant's dismissal occurred, and one of many pilots of particular type of aircraft. Non-publication of applicant's name effective disguise of applicant's identity other than to complainant, witnesses and some others in industry. Application dismissed. Authority ordered non-publication of names of parties, complainant employee and other specified employee. Previous Authority determination to be released for publication accordingly. |
| Result | Application dismissed ; Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Cases Cited | A v B Ltd [2013] NZERA Auckland 575;A v B Ltd [2014] NZERA Auckland 131;C v Air Nelson Ltd [2010] NZEmpC 18;C v Air Nelson Ltd [2011] ERNZ 207;GWD Russells (Gore) Ltd v Muir [1993] 2 ERNZ 332;H v A Ltd [2014] NZEmpC 92;Hepburn v Huhtamaki Henderson Ltd (2011) 9 NZELR 411 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_335.pdf [pdf 211 KB] |