| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 332 |
| Determination date | 01 August 2013 |
| Member | T G Tetitaha |
| Representation | L Keys, M Dignan ; D France |
| Parties | Kensington v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Admissibility of evidence – Applicant accused of misusing sick leave – Whether copies of Facebook pages and bank accounts relevant to assessing veracity of applicant’s explanations and respondent’s findings – Information not available at time of dismissal |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Evidence relevant to establishing applicant’s veracity. Subsequently discovered information can impact on remedies. Explanation of taking sick leave must be tested for veracity. Evidence would be substantially helpful. Evidence admissible. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s125 – ERA s157 - ERA s160(2) - Evidence Act 2006 - Evidence Act 2006 s37 |
| Cases Cited | Maritime Union of New Zealand Inc v TLNZ Ltd [2007] ERNZ 593;Salt v Fell, Governor for Pitcairn, Henderson, Ducie and Oeno Islands [2008] ERNZ 155 ; [2008] 3 NZLR 193;Vollmer v The Wood Life Care (2007) Ltd [2012] NZERA Christchurch 257 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Auckland_332.pdf [pdf 149 KB] |