| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 72 |
| Determination date | 03 June 2015 |
| Member | H Doyle |
| Representation | G La Hood ; S Dyhrberg |
| Parties | Baldwin (Labour Inspector) v X Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought interim order for non-publication of all identifying details of respondent and employees |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM - PRACTICE AND PROCEDURE: No evidence that causal link existed between earlier publicity of case and reputational or financial damage. Unclear whether publicity arising from proceedings would have similar negative consequences as publicity from television programme concerning respondent already aired. Unlikely that initial damage towards respondent could not be remedied if respondent subsequently successful. Concern that Immigration would react negatively only speculative. Non-publication order could lead to speculation about identity of employer and harm reputation of other employers. Respondent’s reasons for seeking order largely commercial. Application for non-publication order dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl10(1);Wages Protection Act 1983 s12A(1) |
| Cases Cited | H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Christchurch_72.pdf [pdf 159 KB] |