The Court of Appeal has upheld the Employment Court and Employment Relations Authority decisions that protected without prejudice discussions between the teacher’s lawyer and the school’s lawyer.

The Court of Appeal rejected the claim that the School Board could not enter into without prejudice discussions before mediation was attempted.  Disputes should be resolved at the lowest level possible and negotiations before mediation are appropriate.

The Court held that the school’s offer to accept a resignation was not blackmail or a threat, and did not justify removing the protection of without prejudice discussions that the teacher had agreed to his lawyer participating in.