| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 81A/03 |
| Determination date | 05 December 2003 |
| Member | P Cheyne |
| Representation | P Hall ; C Peattie |
| Location | Christchurch |
| Parties | Neutze v Peter Baker Transport Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Both parties believed Authority would conduct conference call after conclusion of investigation meeting - Alleged failure by Authority to contact further witnesses - Unnecessary to contact further witnesses - Failure to conduct conference call deprived applicant opportunity to present final submissions - Reopening of investigation warranted - UNJUSTIFIED DISMISSAL - Redundancy - Reopened investigation meeting - Alleged misleading and deceptive conduct - Position changed after commencement - Applicant agreed to changes - No misleading or deceptive conduct - Applicant had to show loss or damage under Fair Trading Act 1986 - No loss or damage - Claim not established - Earlier findings and decision affirmed |
| Result | Application granted (Rehearing application) ; Application dismissed(Unjustified dismissal) ; Costs reserved |
| Statutes | Fair Trading Act 1986 s9;Fair Trading Act 1986 s12;Fair Trading Act 1986 s43 |
| Cases Cited | Taylor Bros Ltd v Taylor Group Ltd [1988] 2 NZLR 1 |
| Number of Pages | 4 |
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