| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 455 |
| Determination date | 20 October 2011 |
| Member | A Dumbleton |
| Representation | W Quin (in person) ; R Alchin |
| Location | Auckland |
| Parties | Quin v Trucking Relief (Waikato) Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Respondent opposed application on basis application was request to have Authority re-litigate matters already determined and had been inordinate delay in making application – Applicant claimed dissatisfied with earlier determination as non payment of holiday pay or wages claim was not addressed – Authority had earlier dismissed complaint applicant had made against Authority member on basis that matters raised not within scope of complaints procedure – Found applicant wanted to reopen investigation so that different findings from same evidence could be made in applicant’s favour – Found applicant had made no claim for non payment of holiday pay or wages in earlier investigation meeting – Found applicant’s nine-month delay in applying for reopening unreasonable – Found application for reopening declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Second Schedule cl4 |
| Cases Cited | Quin v Trucking Relief (Waikato) Ltd [2011] NZERA Auckland 3;Quin v Trucking Relief (Waikato) Ltd [2011] NZERA Auckland 175;Reid v New Zealand Fire Service Commission (No 2) [1998] 3 ERNZ 1237 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_455.pdf [pdf 17 KB] |