| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 432 |
| Determination date | 21 October 2014 |
| Member | E Robinson |
| Representation | X (in person) ; B Edwards |
| Parties | X v Y |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought permanent non-publication order in respect of identities of parties and respondent’s chief executive (“CEO”), and claims made by applicant about behaviour of CEO and other employees of respondent – Interim non-publication order granted by Authority previously |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Unsubstantiated claims against CEO would affect respondent negatively and would have adverse effect on very vulnerable members of society respondent existed to benefit. Respondent particularly vulnerable as charity. Authority ordered permanent non-publication of identities of parties and CEO, and applicant’s claims of allegedly inappropriate behaviour by CEO and other employees of respondent. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl10;ERA Second Schedule cl10(1);New Zealand Bill of Rights Act 1990;New Zealand Bill of Rights Act 1990 s14 |
| Cases Cited | Anderson v The Employment Tribunal [1992] 1 ERNZ 500;Clark v Attorney-General (No 1) [2005] NZAR 481;Davis v Bank of New Zealand [2004] 2 ERNZ 511;H v A Ltd [2014] NZEmpC 92;Lewis v Wilson & Horton Ltd [2000] 3 NZLR 546;The King v Sussex Justices, Ex parte McCarthy [1924] 1 KB 256 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_432.pdf [pdf 1 MB] |