| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 109 |
| Hearing date | 26 Jul 2011 |
| Determination date | 27 July 2011 |
| Member | P Cheyne |
| Representation | L Andersen ; B Dorking |
| Location | Christchurch |
| Parties | Grant v Vice Chancellor University of Otago |
| Summary | PRACTICE AND PROCEDURE – Status of Authority Recommendation – Parties agreed to confer on Authority power to make recommendation under s173A Employment Relations Act 2000 – Parties agreed recommendation would become final ten days following date of recommendation unless notice of objection given before then – Parties agreed to extend timeframe for objection period due to Easter break – Respondent gave notice of objection to recommendation – Applicant claimed objection raised out of time as no legal basis for extending timeframe for objection – Respondent claimed applicant’s approach too narrow and would lead to unfairness or absurdity – Respondent claimed inconsistent with good faith and equity and good conscience to allow applicant who initiated extension to benefit by finding objection was out of time – Authority found agreement in good faith to extend timeframe for objection – Found s173A does not expressly permit or prohibit variation to agreed date of objection but implicit in notion of agreement and wording of section that parties to such agreement may vary it by consensus – Found conferment of power under s173A not affected by allowing parties to vary agreed date of objection – Found unnecessary to deal with submissions about good faith and equity and good conscience – Found recommendation not determination of Authority as objection raised in time |
| Result | Application dismissed |
| Main Category | Practice & Procedure |
| Statutes | ERA s143;ERA s143(d);ERA s143(f);ERA s173A;ERA s173A(1)(a);ERA s173A(1)(b);ERA s173A(2);ERA s173A(4);ERA s173A(5);ERA s219;ERA s221;Interpretation Act 1999 s5 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_109.pdf [pdf 14 KB] |