| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 182 |
| Determination date | 15 November 2011 |
| Member | A Dumbleton |
| Representation | D Burton ; P Green |
| Location | Wellington |
| Parties | Clewley v Featherston Street Medical Centre Ltd t/a City Medical Centre |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties agreed removal appropriate – Applicant claimed subjected to threatening and intimidatory conduct amounting to blackmail during mediation – Respondent claimed raising matters about conduct and communications during mediation breached s148 Employment Relations Act 2000 (“ERA”) – Authority found question whether public policy considerations may require s148 ERA to be interpreted so as to permit evidence of serious criminal conduct during mediation to be called was undecided – Found matter raised possibility mediator had material evidence and whether mediator able to provide evidence or whether Authority able to obtain it by order – Matter removed to EC |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s148(1)(3);ERA s178;ERA s178(2);Crimes Act 1961 s237 |
| Cases Cited | Just Hotel Ltd v Jesudhass [2007] ERNZ 817 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_182.pdf [pdf 13 KB] |