| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 182A/09 |
| Determination date | 14 September 2009 |
| Member | J Wilson |
| Representation | A Kumar ; R Syed |
| Location | Auckland |
| Parties | Hobden Screen Art 2007 Ltd v Kumar |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Respondent successful party in earlier personal grievance claim - Applicant sought matter reopened on grounds respondent's qualifications produced at time of employment were fraudulently obtained - Respondent denied qualifications fraudulent and applicant's allegations put to Authority in earlier investigation - Respondent argued applicant attempting to delay payment of remedies owed under earlier determination - Authority found discretion to reopen investigation to be exercised in accordance with clear principle - Found appropriate principles applied in Authority should be same as those in Employment Court - Found difficult to avoid conclusion applicant by applying reopen matter attempting to avoid paying respondent monies owed - Found even if respondent not entirely open regarding qualifications and experience would have no direct bearing on factors leading to unpaid wages and constructive dismissal - Found no evidence of miscarriage of justice |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Cases Cited | Kumar v Hobden Screen Art 2007 Ltd unreported, J Wilson, 15 Jun 2009, AA 182/09;New Zealand Waterfront Workers Union v Ports of Auckland Limited [1994] 1 ERNZ;604 |
| Number of Pages | 4 |
| PDF File Link: | aa 182a_09.pdf [pdf 14 KB] |