| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 522 |
| Hearing date | 16 Dec 2014 |
| Determination date | 17 December 2014 |
| Member | J Crichton |
| Representation | M Dearing ; F Joychild QC, L-L Wong |
| Location | Auckland |
| Parties | Auckland Harbour Oaks Ltd v Augustin |
| Summary | PRACTICE AND PROCEDURE – Application to re-open investigation – Applicant ordered previously to pay respondents arrears of wages – Whether new evidence |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Failure to provide wage and time records fatal to applicant’s defence of substantive claim but duty to keep records at heart of applicant’s legal obligation. Evidence sought to be adduced by applicant could have been obtained for substantive hearing with reasonable diligence. Proposed evidence would be influential but importance of evidence on outcome doubtful given evidence so disputed that respondents alleged some evidence fabricated. Difficult to conclude all evidence credible. Impossible to conclude miscarriage of justice likely if re-opening declined. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4 |
| Cases Cited | Agustin v Auckland Harbour Oaks Hotel Ltd [2014] NZERA Auckland 316;Ladd v Marshall [1954] 1 WLR 1489;New Zealand Waterfront Workers Union v Ports of Auckland Ltd [1994] 1 ERNZ 604;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825;Squire v Waitaki NZ Refrigerating Ltd [1985] ACJ 839 |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_522.pdf [pdf 153 KB] |