Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 109A/06
Determination date 06 June 2006
Member J Scott
Representation C Gudsell ; A mcKay
Location Auckland
Parties Paul v Waikato Honey Products Ltd
Summary PRACTICE AND PROCEDURE – Application by respondent to reopen investigation – Original determination found respondent failed to pay applicant agreed payment of $2,000 – Was disagreement as to whether settlement contingent on successful outcome of varroa bee mite claim - Respondent forthcoming with new evidence which it alleged impacted on previous Authority determination - New evidence consisted of two letters - First letter was statement to bank as to how respondent expected to fund settlement - Did not support respondent’s position that such monies contingent on outcome of varroa bee mite claim – Second letter no relevance to application – Documents unlikely to have any influence on result of case were it to be reopened - No possibility of miscarriage of justice – Noted that was no conclusion to matter as was a challenge in Employment Court – Application dismissed - Chief Executive Officer
Result Application dismissed ; Costs reserved
Statutes ERA Second Schedule cl4
Cases Cited Auckland Limited v NZ Waterfront Workers Union [1995] 2 ERNZ 85, 88 ;;Squire v Waitaki NZ Refrigerating Limited [1985] ACJ 839, 842
Number of Pages 5
PDF File Link: aa 109a_06.pdf [pdf 25 KB]