| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 373/07 |
| Hearing date | 26 Nov 2007 |
| Determination date | 29 November 2007 |
| Member | R Arthur |
| Representation | R Upton ; M Nutsford |
| Location | Auckland |
| Parties | Knight Train Haulage Ltd v Dahl |
| Summary | PRACTICE AND PROCEDURE - Res judicata - Applicant claimed owed wages and expenses when respondent’s employment ended - Respondent contended matter dealt with in earlier Authority determination that awarded him lost wages and compensation for grievance - Applicant argued its claim not fully before Authority and required this determination to identify amounts that could be “set off” against remedies awarded to respondent - Authority satisfied matter already dealt with - Proper to dismiss claim without further investigation - Applicant ordered to pay previously awarded remedies to respondent - COSTS - One hour investigation meeting - Respondent’s reasonable costs calculated by Authority |
| Result | Orders accordingly ; Application struck out ; Costs in favour of respondent ($600) |
| Main Category | Recovery of Monies |
| Statutes | ERA s157(1);ERA s157(3);ERA s160(2) |
| Cases Cited | Irwin v Turner [2003] 2 ERNZ 557;Dahl v Knight Train Haulage Ltd unreported, R Arthur, 10 September 2007, AA278/07;Dahl v Knight Train Haulage Ltd unreported, R Arthur, 26 October 2007, AA278A/07;NZ Shipwrights Union v NZ Amalgamated Engineering Union (1989) ERNZ Sel Cas 516 |
| Number of Pages | 6 |
| PDF File Link: | aa 373_07.pdf [pdf 25 KB] |