| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 52/07 |
| Hearing date | 7 May 2007 |
| Determination date | 14 May 2007 |
| Member | J Crichton |
| Representation | J Guthrie ; R Brazil |
| Location | Christchurch |
| Parties | McGillivray v Godfreys Bakery |
| Summary | PRACTICE AND PROCEDURE - Interim determination – Respondent alleged paragraphs in statement of problem breached s148(1) Employment Relations Act 2000 by referring to matters generated for purposes of mediation - Employment relationship deteriorated after business sold to respondent - Applicant raised unjustified disadvantage grievance and at his request parties attended mediation - During mediation respondent prepared “list of expectations” required of applicant - Applicant believed in worse position after mediation and resigned - Applicant regarded list as evidence respondent wanted him to leave - Applicant unreasonably expected mediation would only deal with his issues, not respondent's - Fact one party initiated mediation did not provide right to drive" mediation process - Authority satisfied respondent participated in mediation for purposes of making genuine contribution to continuing employment relationship - List came about in that context - By referring to list paragraphs traversed matters confidential by reason of s148 - Not entitled to plead paragraphs - Parties to proceed exclusively on unjustified disadvantage claim unless constructive dismissal claim could be reformatted without recourse to paragraphs - If claim reformatted, applicant's counsel to contact Authority" |
| Result | Question answered in favour of respondent ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s148(1) |
| Number of Pages | 3 |
| PDF File Link: | ca 52_07.pdf [pdf 19 KB] |