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Statements made at conciliation may now be admissible in Court |
If you are involved in an unfair Contract Claim under the Industrial Relations Act NSW, you now need to look more carefully at how you conduct yourself at conciliation. Until recently, everything said at a conciliation (which occurs before the hearing or trial) was considered "off the record" and could not be used at the hearing or trial. |
The Industrial Relations Commission has recently adopted evidence from conciliation transcripts at hearing: Flood & D & R Commercial Pty Ltd. |
Commissioner Cambridge used the conciliation transcript to find a witness to be unreliable and inconsistent. |
It may be possible to argue, during a trial, that a party's conduct at conciliation was unreasonable and a costs order against that party is warranted. Evidence of refusal to settle at conciliation could arguably be taken into account. |
