| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 109/04 |
| Determination date | 31 August 2004 |
| Member | P Cheyne |
| Representation | R McGuire ; P Shaw |
| Location | Christchurch |
| Parties | Rutledge v Telecom New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Statement of problem included allegations of breach of good faith during mediation - Whether Authority could investigate events during mediation - Shepherd v Glenview Electrical Services followed - Oral communications between mediator and parties were statements made for the purposes of the mediation" and "information that, for the purposes of the mediation, was disclosed orally in the course of the mediation" - Confidentiality requirement in sections 148(1) and (3) Employment Relations Act 2000 clear and absolute - Prevented Authority accepting evidence about events during mediation - Applicant to file and serve amended statement of problem deleting reference to events during mediation" |
| Result | Question answered in favour of respondent ; Costs reserved |
| Statutes | Contractual Remedies Act 1979;ERA s3;ERA s144;ERA s145;ERA s146;ERA s147;ERA s148;ERA s148(1);ERA s148(3);ERA Part 9;ERA Part 10 |
| Cases Cited | Shepherd v Glenview Electrical Services Limited [2004] 2 ERNZ 118 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |