| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 61 |
| Hearing date | 17 Feb 2011 |
| Determination date | 17 February 2011 |
| Member | V Campbell |
| Representation | A Brown ; S Robertson-Welsh, M O'Connor |
| Location | Auckland |
| Parties | Begum (Labour Inspector) and Anor v Effective Fencing NZ Ltd and Ors |
| Other Parties | Effective Fencing NZ Ltd, Effective Fencing Ltd, Begum |
| Summary | PRACTICE AND PROCEDURE – Application to join Effective Fencing Limited (“E”) to proceedings – Applicant claimed E owed bulk of holiday pay after took over business – Applicant claimed Authority to determine share of holiday pay owed by E – E concerned fair hearing would not result – Found E to be joined as party to enable full and fair investigation – Application to reopen investigation – No appearance for respondent at previous investigation meeting – Authority found respondent mistaken as to commencement time of investigation meeting – Applicant opposed application because determination already given in presence of employee, who had taken time off work to attend – Found miscarriage of justice would occur if reopening application not granted |
| Result | Applications granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s221;ERA Second Schedule cl4 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_61.pdf [pdf 19 KB] |