| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 168/08 |
| Determination date | 12 November 2008 |
| Member | J Crichton |
| Representation | J Shingleton ; D O'Rourke |
| Location | Christchurch |
| Parties | Te Amo v Becon Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to strike out certain paragraphs of respondent’s evidence - Applicant claimed paragraphs breached s148 Employment Relations Act 2000 (“ERA”) in that were imbued with confidence from mediation process and no consent for cloak of confidentiality to be lifted - Claimed during mediation process, mediator obtained parties’ consent to mediation being confidential and that cloak of confidentiality enveloped whole process and any documents used in process - Authority found respondent’s evidence referred to mediated agreement - Found mediated agreement contained clause stating agreement not enforceable in either Authority or Employment Court or subject to any provision of ERA - Authority found could not prefer submission mediator invoked confidentiality provisions in preference to clear written provision which appeared to exclude enforcement of terms of agreement by Authority - Authority satisfied on balance of probabilities evidence should not be struck out - Authority held applicant’s application for strike out analogous to application to enforce mediated agreement and that exclusion of force and effect of ERA must be taken to mean that parties wished s148 ERA not apply - Found evidence to be available to Authority member hearing investigation of employment relationship problem between parties |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s148(1) |
| Number of Pages | 6 |
| PDF File Link: | ca 168_08.pdf [pdf 24 KB] |