| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 259/07 |
| Determination date | 27 August 2007 |
| Member | L Robinson |
| Representation | P Skelton ; F Godinet |
| Location | Auckland |
| Parties | Bradford Trust Ltd v Roebeck & Anor |
| Other Parties | Pakieto |
| Summary | PRACTICE AND PROCEDURE – Application by respondents for stay of proceedings – Applicant claimed damages and penalties against respondents - Also filed proceedings in High Court – Respondents submitted issues of credibility would be determinative of matter in High Court – Claimed breach of confidentiality at mediation by applicant's counsel would have consequences for parties in High Court and interests of justice required stay – Applicant resisted application - Respondents had not provided sufficient detail as to issues of credibility they claimed might arise or details of consequences for parties of alleged breach of confidentiality – Authority unable to give proper consideration to matter without details – Also unable to grant stay using regulations respondents applied under – Respondents seeking stay of investigation, not stay of execution of orders – Authority considered question in terms of its power to follow own process - Actions in High Court separate from claims in Authority - Although some overlap in terms of factual findings possible not sufficient to require suspension or stay of investigation – Prospect two different institutions could hear same factual matters, and additional possibility of divergent findings, only neutral factor – Objectives of Authority included prompt resolution of matters – Intended to hold investigation meeting well before High Court fixture – Nothing persuaded Authority objects of Employment Relations Act 2000 should not prevail, or that problem that was “naturally where it belonged” should have investigation suspended principally by reason of separate causes of action prosecuted elsewhere – No case to suspend investigation - Application for stay declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Employment Court Regulations 2000 r64;Employment Court Regulations 2000 r65;ERA s4;ERA s143;ERA s148;ERA s174 |
| Number of Pages | 4 |
| PDF File Link: | aa 259_07.pdf [pdf 20 KB] |