| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 293/08 |
| Determination date | 15 August 2008 |
| Member | L Robinson |
| Representation | I Williams ; C Patterson |
| Location | Auckland |
| Parties | Kieser v Data Pacific Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought order Authority decline to investigate matter or, in alternative, stay of proceedings – Respondent filed proceedings in High Court (“HC”) pleading eight causes of action against applicant, including breach of confidence and breach of contract – Respondent lodged statement of problem in Authority alleging wilful deceit, breach of duties, and misappropriating confidential information, business opportunities and customers – Applicant submitted inappropriate to have duplicate proceedings in HC – Respondent argued parallel proceedings brought because some matters between parties fell within exclusive jurisdiction of Authority – Respondent argued HC proceedings included second plaintiff – Respondent argued sometimes parallel proceedings in HC necessary – Authority found stays only granted in cases of challenge or application for rehearing – Authority therefore treated application as asking Authority to decline to investigate matter, or suspend matter under s159 Employment Relations Act 2000 – Authority found HC proceedings separate and distinct from actions in Authority – Found claim regarding statutory duty of good faith matter within Authority’s exclusive jurisdiction – Found respondent entitled to have good faith matter investigated irrespective of contemporaneous proceedings involving same subject matter in HC – Found overlap in factual findings in HC not sufficient on facts to suspend or stay investigation – Authority understood HC proceedings recently stayed, so no parallel proceedings in that case anyway – Application declined – Preliminary conference scheduled |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s143;ERA s159;ERA s161;ERA s174;Employment Court Regulations 2000 reg 64;Employment Court Regulations 2000 reg 65 |
| Cases Cited | BDM Grange Limited v Parker [2006] 1 NZLR 353;Bradford Trust Limited & Roebeck and Pakieto unreported, L Robinson, 26 February 2008, AA 60/08 |
| Number of Pages | 5 |
| PDF File Link: | aa 293_08.pdf [pdf 23 KB] |