| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 254/03 |
| Determination date | 21 August 2003 |
| Member | J Wilson |
| Representation | G Pratt ; P Tremewan |
| Location | Auckland |
| Parties | Simms v Santos Mount Eden Ltd |
| Summary | PRACTICE AND PROCEDURE - Admissibility of evidence - Tape recordings of meeting and phone conversation with respondent's owner - Recorded conversations without owner's knowledge - Circumstances in which recordings made - Talbot (cited below) considered - Effect of Employment Relations Act 2000 considered - Talbot case prevailed until rules of secret recordings clearly defined by Court under ERA - No breach of Privacy Act 1993 - Fairness central to issue of admissibility - Manager did not expect conversations to be recorded and used later - To deny evidence supporting applicant's version of conversations unfair - Fairness best served by admitting tapes - Head chef |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s4(1);ERA s160(2);Privacy Act 1993 |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660;Harder v Proceedings Commissioner [2000] 3 NZLR 80;Talbot and Ors v Air New Zealand Ltd [1995] 2 ERNZ 356 |
| Number of Pages | 6 |
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