Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 40/02
Determination date 15 April 2002
Member N Taylor
Representation K Tifaga ; M McGinn
Location Christchurch
Parties Smith v Department for Courts
Summary PRACTICE AND PROCEDURE - Preliminary determination - Statements made during mediation - Whether statements admissible in Authority - No consent to waive confidentiality - Application to strike out causes of action relating to mediation statements - Respondent also relying on mediation statements - Important question of law - Appropriate to refer matter to Employment Court - Whole matter to be removed at request of parties
Result Proceeding removed to Employment Court ; Costs reserved
Statutes ERA s148;ERA s159(2);ERA s177;ERA s178;ERA s178(2)
Cases Cited Crummer v Benchmark Building Supplies Ltd [2000] 2 ERNZ 22;Jacobsen Creative Surfaces Ltd v Findlater [1994] 1 ERNZ 35;Van Der Sluis v Health Waikato Ltd [1995] 1 ERNZ 478
Number of Pages 5
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