| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 49A/04 |
| Determination date | 05 November 2004 |
| Member | R A Monaghan |
| Representation | M Bell ; RK Clayton (in person) |
| Location | Christchurch |
| Parties | Ashwell v Clayton |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Authority determined applicants rather than company were employer and respondent had been unjustifiably dismissed - No appearance by applicants at investigation - Medical records subsequently produced showed one applicant in poor health at material time - Authority investigative rather than adversarial body but still necessary to achieve some finality in matters before it - Whether just in all circumstances to set aside decision - Respondent found to be credible witness - Applicant's state of health did not entirely excuse decision not to attend - Not enough possibility of miscarriage of justice to warrant reopening of investigation in respect of dismissal - Sufficient information indicated may have been miscarriage of justice regarding determination as to identity of employer - Investigation reopened to that extent - Proposal to make order that applicants to pay remedies into interest-bearing trust account pending finalisation of matter |
| Result | Application granted in part ; Orders accordingly ; Costs reserved |
| Cases Cited | Clayton v Ashwell unreported, H Doyle, 27 April 2004, CA 49/04;J S Whyte Ltd v Wellington District Hotel etc IUOW [1984] ACJ 995;Nationwide Horse Transport Ltd v Gregory [1994] 1 ERNZ 440;Ports of Auckland Ltd v New Zealand Waterfront Workers Union [1995] 2 ERNZ 85 |
| Number of Pages | 5 |
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