Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 76/04
Hearing date 30 Jun 2004
Determination date 16 July 2004
Member H Doyle
Representation J Butler (in person) ; J Waterworth
Location Christchurch
Parties Butler and Anor t/a Butlers Fruit Farms v Lines (Labour Inspector)
Other Parties Butler
Summary PRACTICE AND PROCEDURE - Late objection lodged to demand notice - Applicant had intentionally not opened demand notice until 28th day - Objection filed 4 days late - Authority had power to extend time to file objection to demand notice - Overriding consideration whether justice of case required extension to time limit - Although delay not substantial was not excusable - Applicant had opportunity to put arguments and views of matter and documentation to respondent during months prior to demand notice - Justice of case did not require extension to time limit - Application dismissed
Result Application dismissed ; Costs reserved
Statutes ERA s179(2);ERA s219;ERA s221;ERA s224;ERA s225(2);Employment Relations (Prescribed Matters) Regulations 2000;Holidays Act 1981
Cases Cited Pacific Plastic Recyclers Ltd v Foo [2002] 2 ERNZ 75;Stevenson v Hato Paora College Trust Board [2002] 2 ERNZ 103
Number of Pages 5
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