| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 12 |
| Hearing date | 10 Dec 2011 |
| Determination date | 13 January 2011 |
| Member | D King |
| Representation | A McInally ; N Taefi |
| Location | Auckland |
| Parties | Bourne v Boc Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for name suppression – Applicant sought name suppression to prevent identity being published in event of media coverage of Authority’s proceedings or determination – Applicant claimed high probability of media interest in case – Respondent argued applicant’s non-employment related offending necessitated termination of employment – Applicant claimed suppression order of material value to protect identity from public disclosure – Claimed disadvantage likely to suffer as consequence of disclosure outweighed benefit to public – Claimed had already been punished by Crown and respondent for criminal offending – Claimed disclosure would create insurmountable barrier to finding employment and moving on with life – Respondent argued offending already in public domain because applicant disclosed details of offending to colleagues – Found in exercising discretion had to balance justice of particular party’s position and public interest in open justice – Found no exceptional circumstances that administration of justice frustrated – Found risk of media coverage of proceedings did not amount to exceptional circumstances – Found applicant required to demonstrate compelling reasons consistent with interests of justice for making order – Suppression order declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Schedule 2, Cl 10 |
| Cases Cited | Anderson v The Employment Tribunal [1992] 1 ERNZ 500;Davis v Bank of New Zealand [2004] 2 ERNZ 511;White v Auckland District Health Board [2007] ERNZ 441; [2007] ERNZ 441;X v ADHB [2007] 1 ERNZ 66;Y v D [2004] 1 ERNZ 1 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_12.pdf [pdf 19 KB] |