| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 353 |
| Determination date | 20 October 2016 |
| Member | R Arthur |
| Representation | KAB Milne (in person) ; D France |
| Location | Auckland |
| Parties | Milne v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Applicant sought to re-open investigation on grounds of disparity of treatment, incorrect witness evidence and incorrect statements by the Authority |
| Abstract | AUTHORITY FOUND -Applicant’s grounds for reopening nothing more than attempt to re-agitate unsuccessful case. Amended application did nothing to advance application. Each item identified could have been canvassed at original investigation meeting. Applicant failed to establish interest of justice outweighed respondent’s right to finality. Application to reopen dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s179 - ERA Second Schedule cl4 - ECR |
| Cases Cited | Autodesk Inc v Dyason [No 2] [1993] HCA 6, (1993) 176 CLR 300Davis v Commissioner of Police [2015] NZEmpC 38, [2015] ERNZ 27;Idea Services Ltd v Barker [2013] NZEmpC 24;Milne v Air New Zealand [2011] NZERA Auckland 45;Milne v Air New Zealand [2012] NZERA Auckland 236;Milne v Air New Zealand [2014] NZEmpC 101;Milne v Air New Zealand [2016] NZERA Auckland 98;New Zealand Waterfront Workers Union v Ports of Auckland Ltd [1994] 1 ERNZ 604 (EmpC);Young v Board of Trustees of Aorere College [2013] NZEmpC 111 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_353.pdf [pdf 182 KB] |