| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 112 |
| Hearing date | 12-Apr-17 |
| Determination date | 12 April 2017 |
| Member | R Arthur |
| Representation | L Yan ; T Clarke |
| Location | Auckland |
| Parties | FMV v TZB |
| Summary | PRACTICE AND PROCEDURE - Whether to order non-publication of parties’ names on Authority’s own motion - Whether applicant had capacity to proceed with claim - JURISDICTION - Whether applicant already began proceedings under Human Rights Act 1993 and so barred from claiming in Employment Relations Authority - Choice of procedure |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Parties yet to attend mediation and lacked opportunity to discuss problem on confidential basis. Concerns about applicant’s personal health information being disclosed. Serious allegations against respondent yet to be tested. Authority ordered interim non-publication of parties’ names. Having put question of capacity at issue applicant bore burden of establishing her capacity. Letter from applicant’s psychiatrist was not current. Applicant’s health condition fluctuated. Not sufficient evidence that applicant had requisite capacity. Proceedings stayed until applicant could provide firmer evidence of her capacity to proceed.;JURISDICTION: Applicant had not filed claim in Human Rights Review Tribunal. Applicant made complaint under Humans Rights Act 1993 and directed to mediation. Prospect of mediation did not trigger choice of procedure under either Act. By filing claim in Employment Relations Authority applicant made choice of procedure. Authority had jurisdiction. |
| Result | Applications granted ; Proceedings stayed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s112 ; ERA s112(3) ; ERA s114(6) ; ERA s114(3) ; ERA s114(4) ; ERA s115(b) ; ERA s160(1)(a) ; ERA s160(1)(f) ; ERA s173(1) ; ERA s174A ; ERA s174E ; Human Rights Act 1993 s79A ; ERA Second Schedule cl10 ; High Court Rules 2016 4.29 |
| Cases Cited | Telecom New Zealand Limited v Morgan [2004] 2 ERNZ 9 (EmpC);Wang v Hamilton Multicultural Services Trust [2009] ERNZ 322 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2017_NZERA_Auckland_112.pdf [pdf 119 KB] |