| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 32 |
| Hearing date | 16 Feb 2015 |
| Determination date | 01 April 2015 |
| Member | P R Stapp |
| Representation | E Wyber ; M Gould |
| Location | Wellington |
| Parties | Wyber v Midas Infomedia Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to re-open investigation - Whether information withheld by respondent at time of original investigation meeting |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: New evidence would not have had any material impact on original determination. Nothing to support claim that respondent's evidence false. Reasonable opportunity for material to be adduced during investigation meeting. No miscarriage of justice. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4;High Court Rules 1985 R494(3) |
| Cases Cited | Cavalier Carpets NZ Ltd v NZ (except Taranaki etc) Woollen Mills etc IUOW [1989] 2 NZILR 378 (LC);Ports of Auckland Ltd v New Zealand Waterfront Workers Union [1995] 2 ERNZ 85 (CA);Wyber v Midas Infomedia Ltd [2013] NZERA Wellington 143;Young v Board of Trustees of Aorere College [2013] NZEmpC 111 |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Wellington_32.pdf [pdf 95 KB] |