| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 77 |
| Determination date | 13 May 2011 |
| Member | G J Wood |
| Representation | P McBride ; D Burton |
| Location | Wellington |
| Parties | Ravnjak v Wellington International Airport Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant sought to reopen and quash investigation and determination into application for interim reinstatement – Respondent denied any wrong doing but supported application – Applicant claimed determination made in reliance upon illegally obtained evidence, irregularly provided to Authority – Applicant claimed miscarriage of justice had occurred – After determination issued Authority discovered video evidence relied on by respondent collected by private investigator rather than employee of respondent – Proceedings removed to Employment Court (“EC”) for determination of admissibility of video evidence and evidence obtained from it – EC found evidence illegally obtained and evidence inadmissible - Authority found, based on parties’ submissions and EC’s findings, clear miscarriage of justice had occurred – Found appropriate to reopen claim - Application granted – Investigation to be reopened - COSTS – Matter determined on the papers – Costs to lie where they fall – Duty Manager |
| Result | Application granted ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4 |
| Cases Cited | Ravnjak v Wellington International Airport Ltd [2011] NZERA Wellington 36 |
| Number of Pages | 2 |
| PDF File Link: | 2011_NZERA_Wellington_77.pdf [pdf 9 KB] |