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Employment Court keeps mediations confidential…

A recent decision of the Employment Court refused to allow an employee to challenge an Employment Relations Authority decision that had refused to allow her to call evidence of what occurred at mediation.

The mediation process is protected from disclosure.  The employee wanted to call evidence of what took place at mediation to show bad faith by the employer.

The ERA ruled this evidence out and the Employment Court agreed.

To allow it in would seriously undermine the value of mediations where participants need to know that what they say is protected from being used against them.