| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 60 |
| Determination date | 24 February 2015 |
| Member | TG Tetitaha |
| Representation | A Twaddle ; K Radich |
| Location | Auckland |
| Parties | TGP v TFE and Ors |
| Other Parties | SDI, TDI |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to dispense with mediation – Whether applicant’s case lacked merit – Whether intervention of other bodies seized of the same matters – Whether mediation inappropriate in circumstances |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM - PRACTICE AND PROCEDURE: Applicant’s case not so hopeless that mediation would be impractical or inappropriate. Mediation would assist parties. Proceedings concerning other bodies unrelated to breach of employment agreements and existence of other proceedings supported reference to mediation within employment jurisdiction. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s134;ERA s134(2);ERA s149;ERA s149(1);ERA s149(3);ERA s159;ERA s159(1);ERA s159(1)(b) |
| Cases Cited | Penny v Fonterra Co-Operative Group Ltd [2011] NZEmpC 151 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_60.pdf [pdf 145 KB] |