| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 144/02 |
| Determination date | 17 May 2002 |
| Member | R A Monaghan |
| Representation | S Bush ; R Webber |
| Location | Auckland |
| Parties | Benyamin v New Commercial Company Ltd (formerly Square 1 Service Group Ltd) |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Alleged respondent did not receive notification of hearing - Alleged had changed premises - No evidence respondent deliberately ignored notice of meeting - Significant delay in challenging determination - Interests of justice dictated that respondent be given opportunity to be heard regarding grievance - Determination stayed to allow for submissions - Failure to meet deadline for submissions would render decision permanent |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Statutes | EAR r15(4);EAR r15(4)(a);EAR r16(3);EAR r16(3)(b)(vi);ERA s159;ERA Second Schedule cl4 |
| Cases Cited | Hataitai Auto Centre Ltd v Brown [1998] 3 ERNZ 1042;Nationwide Horse Transport Ltd v Gregory [1994] 1 ERNZ 440;Ports of Auckland Ltd v New Zealand Waterfront Workers' Union [1995] 2 ERNZ 85 |
| Number of Pages | 6 |
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