| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Christchurch 42 |
| Determination date | 21 March 2014 |
| Member | D Appleton |
| Representation | A Sharma ; D Ballantyne |
| Parties | Woodward v Totally Boating 2004 Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to re-open investigation - Authority previously found applicant unjustifiably dismissed - Applicant dissatisfied with remedies awarded |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: No evidence set out in applicant's affidavit came to light since previous Authority investigation meeting and evidence would not have had important influence on result of case. Applicant's argument Authority got law wrong dealt with more appropriately by challenge to Employment Court (EC"). Applicant had full opportunity to make any submissions considered appropriate and section of determination disputed by applicant application of well-known principle. List of "comebacks" in applicant's mind at time of previous Authority investigation meeting and applicant had opportunity to make submissions on "comebacks". Possible Authority misunderstood applicant's evidence about number of "comebacks" applicant accepted responsibility for but no clear and objective evidence Authority made error. More appropriate for applicant to challenge previous Authority determination in EC if regretted not seeking disclosure of full financial records prior to investigation meeting. No substantial risk of miscarriage of justice if investigation not re-opened. Application to re-open investigation dismissed." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA Second Schedule cl4 |
| Cases Cited | Advkit Para Legal Services Ltd v Weston [2011] NZEmpC 117;Aoraki Corp Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Brownie v Fuster [2010] NZEmpC 127;Cavalier Carpets NZ Ltd v NZ (except Taranaki etc) Woollen Mills etc IUOW [1989] 2 NZILR 378;Christchurch City Council v Davidson [1996] 2 ERNZ 1 ; [1997] 1 NZLR 275;Creevey v Aimex Ltd unreported, H Doyle, 11 September 2009, CA104A/09;Dittmer v Progressive Investment Enterprise Ltd unreported, K Anderson, 23 September 2009, AA179A/09;Ladd v Marshall [1954] 1 WLR 1489;New Zealand Waterfront Workers Union v Ports of Auckland Ltd [1994] 1 ERNZ 604;Ports of Auckland Ltd v New Zealand Waterfront Workers Union [1995] 2 ERNZ 85;Woodward v Totally Boating 2004 Ltd [2013] NZERA Christchurch 231;Yang v Allen unreported, V Campbell, 21 November 2007, AA182A/07 |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Christchurch_42.pdf [pdf 239 KB] |