| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 398 |
| Determination date | 14 September 2011 |
| Member | A Dumbleton |
| Representation | R Alchin ; A Hope |
| Location | Auckland |
| Parties | Selliman v Te Runanga O Kirikiri Roa Trust Inc |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Parties challenged Authority’s previous determination that applicant had been unjustifiably dismissed to Employment Court (“EC”) – After judicial settlement conference in EC parties jointly applied for reopening to have names of four individuals and school removed wherever appeared in previous determination – Parties claimed Authority made findings adverse to individuals and school - Parties claimed Authority made findings without hearing from individuals or school contrary to natural justice principles – Authority found for Authority to find had previously acted unlawfully would also be breach of natural justice as Authority would need to sit in judgment of itself – Found not open to Authority to reopen investigation and substitute different determination – Found if harm had been done reopening should be to correct previous determination by allowing individuals and school opportunity to be heard – Individuals or school did not provide evidence of willingness to be involved in matter or indicate nature of evidence would provide if reopening granted – Found without evidence nothing to indicate whether Authority determination would be any different – Found what parties alleged to be findings of fact part of Authority’s narrative or description of evidence presented – Found Authority’s previous determination that was general sense in workplace that individual’s behaviour was bullying in nature and that applicant had been treated with disrespect not same as finding particular individual bullied applicant – Found de novo hearing before EC appropriate way for allegedly erroneous determination to be addressed – Application to reopen investigation dismissed |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s157(2)(a);ERA s173(1)(a) |
| Cases Cited | Selliman v Te Runanga O Kirikiriroa Trust unreported, V Campbell, 20 October 2010, AA 452/10 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_398.pdf [pdf 14 KB] |