| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 148A/10 |
| Determination date | 10 December 2010 |
| Member | J Crichton |
| Representation | T McGinn ; J Rooney |
| Location | Christchurch |
| Parties | A v Pacific Blue Employment & Crewing Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought disclosure of various documents held by respondent – Authority noted strictly speaking did not have power to order disclosure – However, had power to summons witnesses and require documents be brought – Found in practical sense orders sought from Authority more than academic exercise – Applicant sought disclosure of all email traffic between respondent and Police relating to applicant – Respondent argued had already complied with request but some emails redacted in accordance with Privacy Act 1993 – Authority ordered respondent to disclose emails to Authority without editing urgently so could peruse and hopefully reassure applicant nothing relevant in edited out material – Respondent sought disclosure of applicant’s Police file – Authority found Police file not relevant to respondent’s decision to dismiss for misconduct – However, found applicant’s Police file highly relevant to Authority’s investigation, especially regarding remedies – Found because utility of Police report went to question of remedies, not persuaded Police file should be provided to respondent – Authority ordered Police file be disclosed to Authority but not until liability issues determined – If applicant not successful no further steps concerning Police file needed to be taken – Respondent sought disclosure of communications between Civil Aviation Authority (“CAA”) and applicant – Authority found appropriate all of file disclosed to Authority and respondent – Found respondent as much as Authority in decision making role must understand how CAA came to its conclusions – Orders accordingly |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Privacy Act 1993 s29(1)(a) |
| Cases Cited | Salt v Fell [2008] ERNZ 155 |
| Number of Pages | 7 |
| PDF File Link: | ca 148a_10.pdf [pdf 30 KB] |