| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 123A/06 |
| Hearing date | 8 Aug 2006 |
| Determination date | 01 November 2006 |
| Member | M Urlich |
| Representation | D Bruce ; D Jacobsen |
| Location | Auckland |
| Parties | Watt v RD Managh Ltd t/a Odin's Marine |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Authority had found applicant unjustifiably dismissed and awarded remedies - Respondent sought to reopen investigation in relation to Authority's findings and award of lost wages - Payment of lost wages already stayed - With parties consent, Authority requested information from ACC and Ministry of Social Development regarding applicant's receipt of compensation and benefits - Relevant information as to applicant's actual loss not made available to Authority during original investigation - Miscarriage of justice would occur if application not granted - Wages earned deducted from claim - Receipt of ACC did not sever period within which reimbursement could be claimed, rather, it created hiatus - Reimbursement period recommenced once worker stopped receiving ACC - Authority rejected submission ACC entitlement should be treated as WINZ benefit recoverable from award of damages - Period applicant on ACC removed from claim period - Declined to reopen investigation on grounds failure to mitigate loss denied applicant any award of lost wages - Satisfied original investigation considered issue of mitigation - Whether discretion exercised appropriately not matter for reopening application but one more properly brought by way of challenge - Authority to determine costs for substantive and reopening applications together - Respondent invited to file costs submission in relation to personal grievance |
| Result | Application granted in part ; Orders accordingly ; Costs reserved |
| Statutes | ERA s128(2);ERA Second Schedule cl4 |
| Cases Cited | Watt v R. D. Managh Ltd t/a Odin's Marine unreported, K Anderson, 11 April 2006, AA 123/06 |
| Number of Pages | 3 |
| PDF File Link: | aa 123a_06.pdf [pdf 22 KB] |