| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 322/06 |
| Hearing date | 16 Oct 2006 |
| Determination date | 18 October 2006 |
| Member | V Campbell |
| Representation | L Yukich ; R Towner |
| Location | Auckland |
| Parties | Eastern Bay Independent Industrial Workers Union Incorporated v Carter Holt Harvey Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - In earlier determination applicant and other parties applied for compliance with mediated settlement - Term of settlement to establish working party that would make recommendations on performance recognition scheme - Work outsourced prior to establishment of working party - Authority declined to order compliance as no performance to recognise and any scheme had no practical application - Determination challenged on narrow point whether was no performance to recognise - Court held some work done by applicant's members to which scheme could apply - Applicant treated present proceedings as application to reopen investigation - Opportunity to challenge determination de novo when first published - No unfairness or miscarriage of justice in relation to earlier determination - No subsequent material evidence discovered - No complaint about way investigation undertaken - Applicant and other parties exercised right of appeal in manner chosen in Court proceedings - Sought to relitigate same subject matter for same outcome dealt with in earlier determination - Not open to applicant to relitigate - No timeframes specified for applications for reopening - Reasonable expectation applications would be timely, and if not, explanation provided - No explanation for long delay between Court decision and present application - Given background unfathomable parties unable to resolve problems outside Authority" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl4 |
| Cases Cited | Butler & Ors v Carter Holt Harvey unreported, V Campbell, 26 October 2004, AA 344/04;Butler and Ors v Carter Holt Harvey Ltd unreported, Couch J, 14 October 2005, AC 57/05;Ports of Auckland Ltd v NZ Waterfront Workers Union [1995] 2 ERNZ 85;Reid v New Zealand Fire Service Commission (No 2) [1998] 3 ERNZ 1237 |
| Number of Pages | 5 |
| PDF File Link: | aa 322_06.pdf [pdf 34 KB] |