| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 88/07 |
| Hearing date | 29 May 2007 |
| Determination date | 30 May 2007 |
| Member | P R Stapp |
| Representation | no appearance ; M Richards & L Inglis |
| Location | Wellington |
| Parties | Johns v Shell New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - No appearance for applicant - Previously granted adjournment - Further adjournment declined - Requested another adjournment without committing to investigation dates - Alleged unable to leave Malaysia due to tax problems he associated with respondent's behaviour - Respondent opposed application - Employment relationship problem filed almost three years after personal grievance raised - Applicant had not complied with directions of Authority to attend mediation and provide further evidence - Applicant also raised new claims and sought interim orders - If genuinely wanted to pursue new claims should have followed proper process, Authority did not intend to deal with them - Authority left with impression applicant acting to deliberately delay matters - Nature of alleged problem required applicant to personally appear - Authority concerned about applicant's availability and concluded he had no intention of being available for investigation meeting speedily and promptly - Provided document in Malaysian, if wanted to rely on document should have arranged translation - Reasonable to expect applicant to have raised alternatives if difficult for witnesses to attend - Authority not satisfied applicant prevented form leaving Malaysia or arranging representation to be present at investigation meeting - Conditions of earlier adjournment not met and second adjournment not requested in timely manner - Respondent entitled to certainty and closure - Request for adjournment declined - Applicant had no good cause for failure to attend or be represented - Authority proceeded to determine substantive matter - UNJUSTIFIED DISMISSAL - Redundancy - Applicant unable to prove ulterior motive for dismissal or establish grounds for remedies - Genuine redundancy - Dismissal justified |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl12;Employment Relations Authority Regulations 2000 r4(1)(c) |
| Number of Pages | 7 |
| PDF File Link: | wa 88_07.pdf [pdf 34 KB] |