Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 118/09
Determination date 15 April 2009
Member M Urlich
Representation H White ; T Cleary
Location Auckland
Parties Te Tuhi v Silver Fern Farms Ltd
Summary PRACTICE AND PROCEDURE – Application to reopen investigation – Respondent sought to reopen investigation that resulted in determination AA 392/08 – Applicant opposed reopening - Determination also subject to challenge to Employment Court – Authority noted stay on remedies made – Respondent argued necessary for Authority to hear evidence from mediator involved in record of settlement – Respondent argued relevant to whether record of settlement entered – Authority found at previous investigation, parties made submissions on issue and Authority determined barred from requiring mediator to give evidence – Found parties had had fair opportunity to give submissions at time – Authority satisfied matter was determined having considered all relevant information – Application to reopen declined
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Statutes ERA Schedule 2, cl 4
Number of Pages 3
PDF File Link: aa 118_09.pdf [pdf 14 KB]