| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 175/08 |
| Determination date | 24 November 2008 |
| Member | P Cheyne |
| Representation | D Beck ; P Butler |
| Location | Christchurch |
| Parties | Edwards v Kiwi Stuff Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought urgent order directing parties to mediation – Authority noted matter wasted parties and Authority’s time – Authority found applicant only sought urgency and direction to mediation on basis respondent refusing to attend mediation – Respondent argued applicant had no grounds for seeking Authority direction and costs – Authority directed parties to mediation following agreement obtained by parties during phone conference – Authority reminded parties of obligation to comply with direction and attempt to reach settlement of differences in good faith – Authority found neither party entitled to costs as both contributed to wasting Authority’s time – Authority emphasised object of Employment Relations Act 2000 to build productive employment relationships through promoting good faith – Authority found usually little point making limited application to Authority seeking direction to mediation – Found limited application resulted in reply devoid of respondent’s view of facts – Found no explanation for urgent application – Authority found overall case looked like tactic to use Authority’s duty to direct parties to mediation to progress without prejudice discussions - Authority found tactic inconsistent with object of reducing judicial intervention – Parties directed to mediation |
| Result | Orders accordingly ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA Part 10 |
| Number of Pages | 3 |
| PDF File Link: | ca 175_08.pdf [pdf 17 KB] |