| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 103A/09 |
| Determination date | 29 July 2009 |
| Member | L Robinson |
| Representation | T Delamere ; R Towner |
| Location | Auckland |
| Parties | Zeng v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to reopen personal grievance investigation in interests of justice – Respondent argued no miscarriage of justice if investigation not reopened, respondent not correct employer, and New Zealand law did not apply to applicant who resided in China – Applicant failed to attend earlier investigation meeting and Authority directed personal grievance cease to be investigated – Applicant claimed failure to attend due to honest mistake made about date of investigation meeting – Authority found applicant’s grievance should not be denied substantive determination because of mistake in process – Authority directed applicant to lodge either evidence grievance raised within time or application for leave to raise grievance out of time – Application to reopen investigation granted |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(1);ERA s114(3);ERA cl14, sch2 |
| Cases Cited | Zeng v Air New Zealand Ltd, unreported, Robinson J, 2 Apr 2009, AA 103/09 |
| Number of Pages | 4 |
| PDF File Link: | aa 103a_09.pdf [pdf 15 KB] |