| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 348 |
| Determination date | 10 November 2015 |
| Member | Vicki Campbell |
| Representation | S Spacey (in person) ; D France |
| Location | Auckland |
| Parties | Spacey v Vice Chancellor University of Waikato |
| Summary | PRACTICE AND PROCEDURE - Application for recusal - Member previously directed parties to mediation and Record of Settlement (‘ROS’) entered into - Applicant claimed respondent breached ROS - Applicant sought recusal on basis investigating current matter will allow member to cover up mistakes made in previous determination - Applicant claimed member had conflict of interest - Lecturer |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Authority has statutory duty to consider mediation where exceptions not made out. Mediation constructive in resolving bullying allegations. Fair minded observer would find nothing irregular about direction to mediation. Applicant’s decision to be unrepresented in mediation not basis for recusal. Conflict of interest claim without foundation. No recusal. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s3(a) - ERA s114 - ERA s153 - ERA s159 - ERA s159(1)(b) - ERA s174E - ERA Second Schedule cl12A |
| Cases Cited | Bracewell v Richmond Services Ltd [2015] NZEmpC 45;Saxmere Company Ltd v New Zealand Wool Board Disestablishment Company Ltd [2009] NZSC 72, [2010] 1 NZLR 35;Siemer v Attorney-General [2013] NZHC 1111;Spacey v Vice Chancellor University of Waikato [2015] NZERA Auckland 117 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_348.pdf [pdf 167 KB] |