| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 126 |
| Hearing date | 26/07/2016 |
| Determination date | 01 August 2016 |
| Member | Helen Doyle |
| Representation | T Castle; P Jagose |
| Location | Wellington |
| Parties | Crush v Southern District Health Board |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise – Whether applicant able to use evidence of statements made at mediation since mediation took place for improper purposes |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Law on admissibility of evidence from mediations settled. Situation not “clearest of cases” to meet threshold for public policy exception. No important question of law arises other than incidentally. No reason to exercise discretion to remove matter. Application for removal to EC dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s148(1);ERA s178(2);ERA s178(2)(a);ERA s178(2)(d);ERA Second Schedule cl10(1);New Zealand Bill of Rights Act 1990 s27 |
| Cases Cited | George v Auckland Council [2013] NZEmpC 73, [2013] ERNZ 492;Hamon v Coromandel Independent Living Trust [2013] NZEmpC 56, [2013] ERNZ 109;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);Just Hotel Ltd v Jesudhass [2007] NZCA 582 , [2008] 2 NZLR 210;Te Ao v Chief Executive of the Department of Labour [2008] ERNZ 311 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Christchurch_126.pdf [pdf 217 KB] |