| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 144/07 |
| Determination date | 26 October 2007 |
| Member | D Asher |
| Representation | S Webster ; L Brook |
| Location | Wellington |
| Parties | Straume v Armour Transport Technologies Ltd |
| Summary | PRACTICE AND PROCEDURE – Location of investigation meeting – Respondent claimed should be held in Christchurch, location closest to its head office – Applicant contended Wellington nearest to place where events giving rise to problem occurred – Applicant responsible for providing own office and worked from Havelock North – Contended loss of job meant cost of travelling would be further disadvantage – Respondent contended employment relationship problem had two parts and both events occurred in Dunedin – Submitted its financial situation should be taken into account – Authority had discretion to decide location of investigation meeting – Person lodging application required to consider which office nearest to place where events giving rise to problem occurred – No evidence to support conclusion applicant failed to genuinely and reasonable consider requirements in regulations, or that consideration illogical or vexatious – Authority satisfied it followed, fairly and reasonably, from agreement and fact applicant largely worked from home that appropriate to investigate “events” that gave rise to this employment relationship problem in office where grievance filed, i.e. Wellington - Appropriate element of compromise in parties bearing some of costs of meeting at ‘midway’ point - Investigation into employment relationship problem to be convened in Wellington - Made sense for parties to undertake mediation in same location on same day, or day before, investigation and direction to that effect likely |
| Result | Orders accordingly ; Costs reserved |
| Main Category | Dispute |
| Statutes | Employment Relations Authority Regulations 2000 r13(1)(a);Employment Relations Authority Regulations 2000 r13(2);Employment Relations Authority Regulations 2000 r20 |
| Cases Cited | Dymond v Prestige Hotel Group Limited unreported, G J Wood, 14 March 2003, WA 33/03 |
| Number of Pages | 6 |
| PDF File Link: | wa 144_07.pdf [pdf 23 KB] |