Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2016] NZERA Christchurch 54
Determination date 28 April 2016
Member Helen Doyle
Representation A Sharma ; M Kirk
Location Christchurch
Parties Langbein v Nelson Women's Refuge
Summary PRACTICE AND PROCEDURE – Determination of preliminary issues – Admissibility of evidence – Whether content of without prejudice conversation between counsel admissible
Abstract AUTHORITY FOUND -;PRATICE AND PROCEDURE: Parties should be held to their agreement to proceed on without prejudice basis. Privilege should not be lifted and not disclosed to Authority as part of evidence. Evidence inadmissible. Other matters in relation to claims raised out of time more appropriate for determination after statement in reply lodged. Question answered in favour of respondent.
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Statutes ERA s160(2);Evidence Act 2006 s57(1)
Cases Cited Morgan v Whanganui College Board of Trustees [2014] NZCA 340, [2014] 3 NZLR 713;Morgan v Whanganui College Board of Trustees [2013] NZEmpC 117, [2013] ERNZ 285
Number of Pages 13
PDF File Link: 2016_NZERA_Christchurch_54.pdf [pdf 190 KB]