| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 1/09 |
| Hearing date | 22 Apr 2008 - 4 Sep 2008 (2 days) |
| Determination date | 07 January 2009 |
| Member | D Asher |
| Representation | A McKenzie ; A Martin, A Williams |
| Location | Wellington |
| Parties | Katterns v Attorney-General in respect of the Chief Executive of the Ministry of Social Development |
| Summary | PRACTICE AND PROCEDURE – Preliminary determination regarding proposed amendment to statement of problem, amending remedy sought to that of reinstatement – Respondent opposed late amendment – Relationship problem had extended history – Authority found any disadvantage to respondent as result of late amendment to remedies sought curable by further investigation – Found respondent entitled to know what case it had to meet and present evidence and submissions accordingly – Found investigation not concluded, particularly as respondent had not accepted Authority’s draft findings in earlier memorandum – Authority noted applicant could file matter as new grievance regardless, subject to 90-day constraint – Also noted that impact of late amendment could be addressed in costs submissions – Authority expressed preliminary view that not clear how discretionary remedy of reinstatement could be exercised in applicant’s favour so long after and so far outside of precipitating event – Preliminary view favoured monetary award – Authority noted was in parties’ interests to settle on own terms as was ongoing employment relationship – Telephone conference required to schedule filing of amended statement in reply and further documents |
| Result | Application granted |
| Main Category | Practice & Procedure |
| Number of Pages | 5 |
| PDF File Link: | wa 1_09.pdf [pdf 27 KB] |