| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 380/07 |
| Determination date | 03 December 2007 |
| Member | L Robinson |
| Representation | J Hall (in person) ; A Twaddle |
| Location | Auckland |
| Parties | Hall v Finlay and Associateds Ltd t/a Bobby's |
| Summary | PRACTICE AND PROCEDURE - Application by respondent to reopen investigation and stay original orders - Respondent failed to lodge statement in reply or attend investigation meeting for original matter - Matter determined in respondent’s absence - Respondent submitted miscarriage of justice as did not received notice of investigation meeting and denied opportunity to present case - Court tests not appropriate for application, matter decided in equity and good conscience - Respondent’s argument confused its identity with that of director - Notice of investigation received at registered address for service of respondent company - Authority not required to see director personally served - Although director had indicated to support officer intention to defend claim, time to lodge statement already expired and would have required leave to do so - No application for leave to defend - Service effective and in accord with Employment Relations Authority Regulations 2000 - Respondent’s communication failures should not have consequences for applicant - Equity and good conscience favoured applicant - No basis to reopen investigation - Application to reopen declined - No basis to stay orders - Application for stay refused |
| Result | Application dismissed ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Cases Cited | Employment Relations Authority Regulations 2000 r8;Employment Relations Authority Regulations 2000 r21 |
| Number of Pages | 9 |
| PDF File Link: | aa 380_07.pdf [pdf 32 KB] |