Without Prejudice Off Record Discussions Risky
Blakely v ACM New Zealand Ltd  NZERA Christchurch 9 provides a textbook example of how not to initiate a “without prejudice”…
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The first ground for her application was that, being a criminal offence, the alleged blackmail could not form part of the “purposes of mediation” referred to in section 148 of the Employment Relations Act 2000 and therefore fell outside the statutory confidentiality granted by that section. As an alternative, she asserted that the alleged blackmail fell within the exception considered, but not determined, by the Court of Appeal in Just Hotel Ltd v Jesudhass (2008) 8 NZELC 99,137. The Court there had opened the possibility of “evidence of serious criminal conduct” during a mediation being admissible, as a public policy exception.
In accordance with Section 69OI(1) of the Employment Relations Act 2000 (the “Act”), an employee protection provision means a provision—
ACC has expanded its ‘Workplace Safety Discount Programme’, which offers levy discounts to businesses with demonstrated workplace health and safety experience and practices. The programme is now open to all small to medium-sized businesses and self-employed people. Previously, it was aimed at those working in identified, high-risk industries.
An employee must raise a personal grievance with his or her employer within the period of 90 days from the date on which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later, unless the employer consents to the personal grievance being raised after the expiration of that period (Employment Relations Act 2000, section 114).