| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 73/09 |
| Determination date | 28 May 2009 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Williams v Burbery t/a Marton Security Service |
| Summary | PRACTICE AND PROCEDURE – Application to reopen Authority investigation – Authority issued earlier Authority support staff advised applicant had right to apply to reopen investigation in July 2008 – Applicant enquired about reopening investigation in April 2009 – Respondent opposed application – Applicant claimed respondent made misleading statements during earlier investigation and Authority received unfair view of applicant – Applicant argued understanding of Authority’s decision regarding sums awarded meant determination unfair – Respondent argued applicant had not produced any new evidence and had taken over a year to make reopening application – Authority found at initial investigation both parties given opportunity to table all relevant information – Found when applicant appeared at earlier investigation records a mess and had failed to keep accurate records – Authority found nothing changed since earlier determination and no evidence to suggest miscarriage of justice or unfairness – Authority found matters parties continuing to argue about could have been challenged at time or reopening sought much earlier – Application declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | wa 73_09.pdf [pdf 18 KB] |