| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 312 |
| Hearing date | 9 Jul 2013 |
| Determination date | 22 July 2013 |
| Member | A Dumbleton |
| Representation | A Drake ; J Douglas |
| Parties | Alim v LSG Sky Chefs New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to disqualify member from completing investigation – Applicant’s employment transferred to respondent - Member previously made findings of credibility about evidence of applicant’s previous employer and HR manager – Member found letter to applicant regarding underpayment not reliable evidence – Whether Authority should have questioned HR manager to establish reliability |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Lay observer would not apprehend bias in preliminary findings. Other Courts found inconsistencies in HR manager’s evidence. Fair-minded lay observer would be aware of decisions in other Courts. Member’s findings balanced, moderate and reasonably open to be made in view of facts and background. No objection made to preliminary finding. Relevant parties invited to provide further evidence. No practical reason why applicant could not present HR Manager as witness. Fair-minded lay observer would not apprehend Member could not bring impartial mind to proceeding. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Part 6A |
| Cases Cited | LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd [2012] NZHC 2810;Saxmere Company Ltd v Wool Board Diestablishment Co Ltd [2010] 1 NZLR 76;Siemer v Attorney-General [2013] NZHC 1111;Pacific Flight Catering Ltd v Service and Food Workers Union Nga Ringa Tota Inc [2013] NZEmpC 106 |
| Number of Pages | 10 |
| PDF File Link: | 2013_NZERA_Auckland_312.pdf [pdf 238 KB] |