Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 139/07
Hearing date 16 Feb 2007
Determination date 04 May 2007
Member M Urlich
Representation M Lewis ; P Stevenson
Location Auckland
Parties Meere v Gifted Children's Advancement Charitable Trust Inc
Summary PRACTICE AND PROCEDURE - Discovery - Applicant sought disclosure of certain documents - Respondent claimed documents confidential - First document comprised of chairman of respondent's notes for personal use during restructuring presentation to staff - Second group of documents staff responses to redundancy consultation process - Responses recieved on basis would be confidential to submitting staff member and respondent - What decision-maker took into account and how reached conclusions tested in inquiry process required by s103A Employment Relations Act 2000 - Confidentiality not bar to relevancy of notes - Notes clearly relevant given chairman was decision-maker in redundancy process - Responses also relevant because were invited by respondent for purposes its deliberations on restructuring proposal which included applicant's position - Documents to be provided to applicant - Authority expected repondent Board's internal communications relating to restructuring to be provided to applicant - Non-publication orders to be made if appropriate
Result Application granted ; Orders accordingly ; Costs reserved
Main Category Practice & Procedure
Statutes ERA s103A;ERA s160(1)(a)
Number of Pages 2
PDF File Link: aa 139_07.pdf [pdf 18 KB]