Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 51/09
Hearing date 11 Feb 2009
Determination date 16 February 2009
Member G J Wood
Representation M Nutsford ; M King
Location Auckland
Parties Te Tuhi v Wanoa t/a Wikitanga Transport
Summary PRACTICE AND PROCEDURE – Applications to respond out of time and for adjournment – Applicant claimed unjustifiably dismissed, underpaid wages, and owed arrears of sick leave and holiday pay – Applicant sought leave to raise grievance out of time - No appearance for respondent – Authority contacted respondent’s personal and business partner (“K”) – K confirmed authorised to act on respondent’s behalf – K advised had sent statement in reply in proper time – K advised moved house and alleged had not received subsequent communication from Authority – Authority satisfied statement in reply prepared on date claimed – Found contained substantive defences, if proved, to many of applicant’s claims – Found K consented to applicant raising grievance out of time – Authority granted leave for respondent to reply and adjourned investigation
Result Applications granted ; Costs reserved
Main Category Practice & Procedure
Number of Pages 3
PDF File Link: aa 51_09.pdf [pdf 22 KB]