| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 105 |
| Determination date | 09 April 2015 |
| Member | TG Tetitaha |
| Representation | A Twaddle ; K Radich |
| Location | Auckland |
| Parties | TGP v TFE and Ors |
| Other Parties | SDI, TDI |
| Summary | PRACTICE AND PROCEDURE – Applicant sought order for non-publication of parties’ identifying details – Whether Authority has jurisdiction to make order for non-publication of proceedings in other court. |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Error in processing of settlement agreement (“SA”) did not wholly contribute to enforcement issue. SA did not reveal any confidential information other than fact of settlement, so did not necessitate granting of non-publication order. No reliable evidence of risk of harm to applicant or family. Little information provided about potential effect of publication on applicant’s employment. No jurisdiction for Authority to order non-publication of details of proceedings in other courts. Details of allegations already published to people within applicant’s field of work so damage from publication may already have been done. Not in interests of justice to grant non-publication order. Application for non-publication order dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(e);ERA s160(1)(f);ERA Second Schedule cl10 |
| Cases Cited | Clark v Attorney-General (No 1) [2004] NZAR 481 (CA);Davis v Bank of New Zealand [2004] 2 ERNZ 511 (EmpC);H v A Ltd [2014] NZEmpC 92, [2014] ERNZ 38;Muir v Commissioner of Inland Revenue (2004) 17 PRNZ 365 (CA);Q v W [2013] NZEmpC 143;TGP v TFE [2015] NZERA Auckland 60;Timmins v Asurequality (formerly known as Asure New Zealand Ltd) [2011] NZEmpC 167;X v Standards Committee (No 1) of the New Zealand Law Society [2011] NZCA 676 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_105.pdf [pdf 156 KB] |