| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 189/09 |
| Determination date | 02 December 2009 |
| Member | D Asher |
| Representation | D Balfour ; C Chilwell |
| Location | Wellington |
| Parties | Smith v Dannevirke High School Board of Trustees |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Previous determination resulted in consent order – Applicant alleged respondent misled parties by not disclosing already written to Teachers Council pursuant to mandatory duty and speech breached employment agreement – Authority found inappropriate to reopen investigation because applicant attempting to relitigate matter already determined – Found applicant could continue challenge previously exercised – Found estopped from making application because Authority already determined allegation – Found Authority’s consent order complied with s174(a) Employment Relations Act 2000 – Application to reopen declined |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s159;ERA s174(a);ERA s174(b);ERA Second Schedule cl4;ERA Third Schedule cl5;Education Act 1989 s139K |
| Cases Cited | Express Abalone Ltd v Langdon [2001] ERNZ 441;Hardie v Round [2002] 2 ERNZ 796;Smith v Dannevirke High School unreported, G J Wood, 7 Nov 2006, WA 159/06;Smith v Dannevirke High School unreported, J Crichton, 14 Feb 2008, WA 17/08;Woud v Department of Corrections [2007] ERNZ 284;Yong (t/a Yong & Co Chartered Accountants) v Chin [2008] ERNZ 1 |
| Number of Pages | 7 |
| PDF File Link: | wa 189_09.pdf [pdf 33 KB] |