| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 76/09 |
| Determination date | 09 June 2009 |
| Member | J Crichton |
| Representation | T Stephens ; C Jones |
| Location | Christchurch |
| Parties | Ford and Anor v Manson |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – In earlier determination Authority found respondent unjustifiably dismissed – No appearance for applicants in earlier determination – Seven months since earlier determination – Applicant’s argued under stress due to family bereavements and intellectual shortcomings – Respondent conceded if was informed of bereavements would have given applicants period to grieve – Authority found difficult to accept applicant’s prima facie defence when conceded no procedure for dismissal – Applicants claimed compensation awarded too high and wage figures incorrect – Authority found awards made on evidence presented – Found difficult to escape conclusion genesis for application to reopen that applicants pressed in civil Courts for sums awarded in Authority – Found no evidence of miscarriage of justice – Application declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Cavalier Carpets Ltd v NZ (except Taranaki etc) Woollen Mills etc IUOW [1989] 2 NZILR 378 |
| Number of Pages | 5 |
| PDF File Link: | ca 76_09.pdf [pdf 21 KB] |