| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 133 |
| Determination date | 29 June 2012 |
| Member | P Cheyne |
| Representation | G Lloyd ; S Wilson |
| Parties | Peter Connolly and Ord v Nelson Pine Industries Ltd |
| Other Parties | Regan, Barnes, Benton, Christall, Steel |
| Summary | PRACTICE AND PROCEDURE – Application to recall previous Authority determination – Authority found power to recall previous determination under Authority’s equity and good conscience jurisdiction – Found determinations enforceable immediately and certificate of determination does not represent threshold that changes status of determination – Found unable to say which paragraph, if any, contained error arising from accidental slip without reconsidering evidence – Application for recall of previous Authority determination declined – Finishing utility operator |
| Abstract | Applicant employed by respondent as finishing utility operator. Respondent sought recall of previous Authority determination. Authority found previously applicant unjustifiably dismissed and, but for flawed selection process, applicant would have retained position following restructure. Authority awarded applicant reimbursement of lost wages. Respondent claimed two paragraphs of previous Authority determination inconsistent and Authority relied on wrong paragraph to find applicant would have retained position. Respondent claimed possible for determination to be recalled because no certificate of determination issued. Respondent claimed determination contained clerical mistake or error arising from accidental slip or omission.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Authority had power to recall previous determination under Authority’s equity and good conscience jurisdiction. Determinations enforceable immediately and certificate of determination does not represent threshold that changes status of determination. Authority unable to say which paragraph, if any, contained error arising from accidental slip without reconsidering evidence. Application for recall of previous Authority determination declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | EAR r26;ECA s104(3);ERA s157(3);ERA s174(a);ERA s189;ERA Second Schedule cl4;Judicature Act 1908 Second Schedule cl11.9;Judicature Act 1908 Second Schedule cl11.10;Judicature Act 1908 Second Schedule cl11.10(1)(a);Judicature Act 1908 Second Schedule cl11.10(1)(b) |
| Cases Cited | Horowhenua County v Nash (No 2) [1968] NZLR 632;New Zealand Educational Institute v Board of Trustees of Auckland Normal Intermediate School unreported, Colgan J, 5 May 1997, AEC33/97 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Christchurch_133.pdf [pdf 142 KB] |