| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 149/05 |
| Determination date | 09 September 2005 |
| Member | P R Stapp |
| Representation | B Corkill, A Cressey ; M Gilkison |
| Location | Wellington |
| Parties | Jesudhass v Just Hotel Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to remove matter to Employment Court - Applicant alleged dismissed during mediation - Alleged important question of law likely to arise relating to nature and scope of confidentiality of mediation - Respondent alleged issues were within scope of Shepherd v Glenview Electrical Services Ltd (cited below) - Two issues seemed likely to give rise to important question of law - First, how could it be established that there was in fact a dismissal if it occurred at mediation - Second, how did an employer justify its actions if they occurred in mediation if evidence not admissible - Matter removed to Court |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA s148(1);ERA s148(3);ERA s178(2)(a) |
| Cases Cited | Shepherd v Glenview Electrical Services Ltd [2004] 2 ERNZ 118 |
| Number of Pages | 2 |
| PDF File Link: | wa 149_05.pdf [pdf 14 KB] |