| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 310/08 |
| Determination date | 28 August 2008 |
| Member | M Urlich |
| Representation | JR Thomas (in person) ; D Walkinshaw |
| Location | Auckland |
| Parties | Thomas v DRJT Ltd t/a bike360 |
| Summary | PRACTICE AND PROCEDURE - Applicant’s statement of problem alleged unjustified dismissal and arrears of wages and holiday pay - Applicant wrote letter to Authority requesting application be granted urgency - Respondent objected to letter claiming letter included statements made at mediation in confidence - Claimed confidence would be breached if put before Authority - Authority sealed letter to preserve objection and advised applicant of respondent’s objection - Applicant objected to sealing of letter and requested its lifting - Claiming first ground on which urgency sought matter of record, and second ground concerned comments made at conclusion of mediation and therefore, not made in course of mediation and in any event discoverable - Authority found statements made during mediation and documents created for purpose of mediation confidential - Parties agreed comments applicant sought to rely on made at conclusion of mediation in mediation room - Authority found mediation in progress - Found comments arose during mediation and were confidential to process - Found comments could not be put before Authority - Authority found information relating to presentation of cheque for payment of wages not confidential - Found circumstances in which cheque received confidential - Authority found letter to remain sealed on Authority file - Submissions made in relation to determination to be sealed and placed on Authority file - Applicant could put information created independently of mediation process before Authority |
| Result | Application dismissed ; Orders Made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s148(1)(d);ERA s148(6) |
| Cases Cited | Just Hotel Ltd v Jesudhass [2007] ENZ 817 |
| Number of Pages | 3 |
| PDF File Link: | aa 310_08.pdf [pdf 16 KB] |