Can I have a without prejudice conversation?
In New Zealand, the rule protecting without prejudice communications from admission in court is well established. The protection extends to conversations and negotiations when, at the time of the communications, the parties contemplated or might reasonably have contemplated litigation if they could not agree.
Is a without prejudice conversation confidential?
Discussions held during a PTN can be treated as confidential even where there is no current employment dispute, or where one or more of the parties is unaware that there is an employment problem.
Can you negotiate a without prejudice offer?
Generally, if your employer wishes to open negotiations about terminating your contract on a without prejudice basis, they will either call you to a without prejudice meeting or ask in a meeting if you can speak on a without prejudice basis.
What is a without prejudice communication?
Communications marked as ‘without prejudice’ cannot be used by the other party as evidence in court. This means that parties can speak openly about the matters in dispute without the risk of the other party using that information against them later.
Can I use without prejudice letter in court?
Without Prejudice (“WP”) communications made in a genuine attempt to settle a dispute may not be used in court as evidence of an admission. WP communications may be made orally or in writing. “Without prejudice save as to costs” offers may be used as a tactic to put pressure on an adverse party.
Should I include without prejudice?
It is important to bear in mind that not all correspondence between an employer and employee in dispute should be marked “without prejudice”. For this label to attach to a letter, there should be some form of offer of settlement from one party to the other contained within it.
What does without prejudice mean NZ?
Statements and admissions marked as ‘without prejudice’ are provided with legal privilege. This means they are inadmissible as evidence in court proceedings. This prejudice rule is in place because it encourages parties to communicate freely in order to resolve their dispute.
When should I use without prejudice?
Where there is a dispute between two parties, for example an allegation of discrimination, and there are negotiations taking place with a view to settlement of the dispute, a letter from one party making a settlement offer to the other party should be clearly marked “without prejudice”.
Is without prejudice legally binding?
The without prejudice rule is a joint protection. This means that it can only be waived jointly by all of the parties to the relevant without prejudice communication.
What is the without prejudice rule in New Zealand?
Without prejudice communications: legal principles In New Zealand, the rule protecting without prejudice communications from admission in court is well established. Its existence is justifiable on two complementary bases. Firstly, as a matter of public policy, the
Why is it important to have a without prejudice conversation?
For employers, it can be an effective way of negotiating the exit of a troublesome employee and avoiding a potential personal grievance. For an employee it can achieve a settlement or reinstatement where an employer has breached their duties to you.
Can you speak without prejudice in an employment dispute?
Employment disputes are no exception, and have a high rate of out-of-court settlement. A key feature in finding such a solution is the ability to speak “without prejudice”.
When do you use the phrase without prejudice?
The phrase ‘without prejudice’ may be used in statements or admissions to provide legal privilege. Legal privilege means that the communications will be confidential and cannot be used as evidence in court. Are ‘without prejudice’ discussions confidential? Generally, these discussions are confidential and ‘off-the-record’.