| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 548 |
| Determination date | 22 December 2011 |
| Member | R A Monaghan |
| Representation | E Wade (in person) ; M Hume |
| Location | Auckland |
| Parties | Wade v Hume Pack-N-Cool Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought to reopen investigation – Matter determined on papers - Applicant claimed respondent made false statements to Authority at previous investigation meeting – Respondent claimed applicant attempting to raise matters already subject of unsuccessful Employment Court (“EC”) challenge – Authority previously declined application for compliance order and concluded respondent’s payment of settlement to applicant should be gross figure – Applicant unsuccessfully attempted to challenge Authority’s previous determination in EC – Court of Appeal declined applicant leave to appeal matter – Application to reopen investigation based on respondent’s statements in evidence presented at previous Authority investigation – Authority found alleged fraudulent statements did not affect merits of applicant’s claim and unrelated to settlement agreement – Found applicant failed to persuade Authority that reopening of matter warranted or in interests of justice – Application dismissed |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Cases Cited | Wade v Hume Pack N Cool Ltd unreported, Y Campbell, 16 October 2007, AA 322/07;Wade v Hume Pack-N-Cool Ltd [2011] NZEMPC 57;Wade v Hume Pack-N-Cool Ltd [2011] NZCA 421 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_548.pdf [pdf 18 KB] |