| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 47/09 |
| Determination date | 13 February 2009 |
| Member | L Robinson |
| Representation | S Hornsby-Geluk ; C Patterson |
| Location | Auckland |
| Parties | Whitten v Ogilvy New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent sought removal to EC pursuant to s177, s178(2)(a) and s178(2)(b) Employment Relations Act 2000 (“ERA”) – Authority found no question of law arose – Found question of whether particular document privileged was determined by application of well-settled principles – Found contended question of law arose only incidentally, in preliminary context, peripheral to substantive issues – Found procedural matters may not be subject of application for removal – Found no public interest element involved and no urgency - Application for removal declined – Disclosure of documents - Applicant sought order documents inadmissible – Authority found letter not a without prejudice communication – Found subsequent letter not a mediation and not precluded from production in Authority - Found no public policy reason to prevent disclosure of documents to Authority to determine their relevance in substantive investigation |
| Result | Applications dismissed (removal to Employment Court)(disclosure of documents) ; Orders made |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s177;ERA s178(2)(a);ERA s178(2)(b) |
| Number of Pages | 5 |
| PDF File Link: | aa 47_09.pdf [pdf 23 KB] |