| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 350/10 |
| Determination date | 06 August 2010 |
| Member | J Wilson |
| Representation | E Davies, DJ Neutze ; M O'Brien |
| Location | Auckland |
| Parties | Newick v Working In Ltd and Ors |
| Other Parties | Working In Visa Ltd, Mathieson, Roberts |
| Summary | PRACTICE AND PROCEDURE – Applicant filed several documents as part of personal grievance application – Respondent asked Authority to consider admissibility of documents and whether member should remove themselves from case as seen allegedly “without prejudice” communications – Respondent sought documents excluded arguing documents subject to evidential “without prejudice” rule – Argued rule to protect all communications made in confidence and in connection with attempt to settle or mediate – Respondent argued communications made as part of ongoing course of dealings between parties initially undertaken on without prejudice basis – Authority found disputed documents not to be excluded from investigation – Authority rejected respondent’s suggestion that disputed documents part of trail of correspondence covered by “without prejudice” endorsement – Found applicant could introduce disputed documents as part of claim – Authority noted weight to be given to documents was a matter of evidence and submissions – Orders made |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(2) |
| Cases Cited | Bayliss Sharr and Hanson v McDonald [2006] ERNZ 1058;D F Hammond Land Holdings Ltd v Elders Pastoral Ltd (1989) 2 PRNZ 232;Jackson v Enterprise Motor Group (North Shore) Ltd [2004] 2 ERNZ 424;Westgate Transport Ltd v Methanex New Zealand Ltd (2000) 14 PRNZ 81 |
| Number of Pages | 8 |
| PDF File Link: | aa 350_10.pdf [pdf 29 KB] |