| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 139A/10 |
| Determination date | 03 September 2010 |
| Member | P Cheyne |
| Representation | J Goldstein ; Peter Macdonald |
| Location | Christchurch |
| Parties | Galbraith v Girl Guides Association of New Zealand Incorporated |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - Authority found applicant had personal grievance and awarded remedies - Respondent claimed Authority’s original determination ignored or overlooked evidence placed before it - Claimed ignored respondent’s evidence that applicant’s representative (“R”) behaved badly - Respondent claimed oversight had significant bearing on finding of no contributory conduct and level of remedies awarded - Respondent sought review of quantum of awards and contributory conduct finding - Applicant claimed no miscarriage of justice and respondent simply dissatisfied with Authority determination - Claimed respondent should exercise right to challenge determination in Employment Court rather than seek to reopen Authority determination - Authority found remedies compensatory to restore employee to position would have been in but for personal grievance - Found respondent did not dispute finding of personal grievance so assessment of remedies to follow - Found R’s behaviour irrelevant to proper assessment of applicant’s losses - Found nothing in original determination to suggest assessment of losses reflected finding about R’s behaviour - Applicant’s dismissal said to be for redundancy - Authority had found redundancy not genuine and procedurally unfair - Found even if Authority had made finding R behaved badly difficult to see how that could have contributed in blameworthy way to situation giving rise to grievance - Found clear from determination as a whole Authority considered but rejected respondent’s assertion about R’s behaviour - Found therefore, Authority did not overlook evidence, rather, preferred other evidence - Found dissatisfaction with Authority’s conclusion about evidence properly a matter for challenge not reason to reopen investigation - Application dismissed |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |