| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 394 |
| Determination date | 14 December 2015 |
| Member | Tania Tetitaha |
| Representation | P Swarbrick ; S Wallace (in person) |
| Location | Auckland |
| Parties | Titoki Securities Trust v Wallace |
| Summary | PRACTICE AND PROCEDURE – Application to re-open investigation – Whether daily tariff should have been increased |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Authority found on balance of probabilities that oral direction to not attend mediation did not exist. Applicant unreasonably refused to attend mediation. No miscarriage of justice in original costs determination declining to uplift costs. Application to reopen investigation dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s3(a)(v);ERA s157(2)(a);ERA s159(1)(b);ERA s179;ERA Second Schedule cl4 |
| Cases Cited | Wallace v Titoki Securities Trust [2015] NZERA Auckland 94;Wallace v Titoki Securities Trust [2015] NZERA Auckland 214;Davis v Commissioner of Police [2015] NZEmpC 38, [2015] ERNZ 27;Idea Services Ltd v Baker [2013] NZEmpC 24;Yong t/a Yong and Co Chartered Accountants v Chin [2008] ERNZ 1 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_394.pdf [pdf 155 KB] |