| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 401 |
| Determination date | 09 December 2016 |
| Member | N Craig |
| Representation | S McKinley ; G Tayler |
| Location | Auckland |
| Parties | McKinley v Karen Anne & Kenneth Rae McLanachan Partnership |
| Summary | PRACTICE AND PROCEDURE – Respondent sought removal of confidential information from statement of problem and attached documents – Confidentiality of mediation |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Documents contained information and statements relating to mediation. Not satisfied that parties had waived confidentiality of statements or admissions made at mediation so section 148(3) of the Employment Relations Act 2000 applied where documents included statements and admissions made for the purposes of mediation, and information disclosed orally during mediation. Application to remove confidential information granted. |
| Result | Application granted ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s148(1) ; ERA s148(3) ; ERA s174E |
| Cases Cited | Idea Services Ltd v Dickson [2009] ERNZ 116 (EmpC) ; Maharaj v Wesley Wellington Mission Inc [2016] NZEmpC 129 ; Williams v Marx [2016] NZERA Wellington 100 ; Worksafe New Zealand v McLanachan [2015] NZDC 24763 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Auckland_401.pdf [pdf 101 KB] |