| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 121/04 |
| Determination date | 13 September 2004 |
| Member | P R Stapp |
| Representation | P Cullen, F Lear ; N Lucie-Smith |
| Location | Wellington |
| Parties | Ho v Chief of the Defence Force |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Enforcement of mediated settlement – Alleged that during disciplinary investigation initiated by respondent an investigator engaged by respondent referred to matter previously settled in full and final record of settlement – Issue about information being used independently of mediation when parties previously agreed on confidentiality – Interpreting record of settlement could give rise to issues such as admissibility of evidence of what occurred in mediation – Important questions of law relating to enforcement of full and final record of settlement, whether settlement had been breached and to what extent evidence admissible – Satisfied application not made to delay current disciplinary proceedings – Matter removed to Court |
| Result | Application granted ; Proceedings removed to Employment Court ; Costs reserved |
| Statutes | ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Shepherd v Glenview Electrical Services Ltd [2004] 2 RNZ 118 |
| Number of Pages | 4 |
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