| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 113/02 |
| Determination date | 24 April 2002 |
| Member | P R Stapp |
| Representation | S Mitchell ; S Hornsby |
| Location | Wellington |
| Parties | Donovan v Wallace Corporation Ltd |
| Summary | PRACTICE AND PROCEDURE - Determination of preliminary issue - Respondent purported in statement of reply to join union as party - Settlement previously reached between applicant, respondent and union - Alleged breach of confidentiality clause by union - Respondent deducted $8,000 from agreed payment to applicant - Unable to add parties without proper grounds and proper process unless by consent - Open to respondent to bring own employment problem against union based on breach of confidentiality - No grounds to join union as party - Formal consideration of amount owing reserved until application for compliance order |
| Result | Question answered accordingly ; Proceedings adjourned ; Costs reserved |
| Statutes | ERA s159;ERA s123(c)(1) |
| Cases Cited | O'Sullivan v Walker Corporation Ltd unreported, Colgan J, 13 June 1996, CEC 71/96;Shetty t/a Shamiana Indian Restaurant v Shetty unreported, Travis J, 17 August 2000, AC 70/00 |
| Number of Pages | 4 |
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