| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 167 |
| Determination date | 31 October 2011 |
| Member | P Cheyne |
| Representation | A McComish ; T McGinn |
| Location | Christchurch |
| Parties | Ahn v Woo & Ok Partnership |
| Summary | PRACTICE AND PROCEDURE – Application to reopen investigation – Applicant included in costs claim invoice from company that provided chargeable services to applicant’s representative – Authority regarded company principal (“S”) as disinterested witness who provided evidence regarding applicant’s finishing times – Respondent asked whether miscarriage of justice occurred due to S’s financial interest in outcome of applicant’s claims – Authority required to assess evidence about applicant’s finishing times in determining arrears of wages – Authority found finding about applicant’s finishing time would probably stand even if S’s evidence was disregarded – Found no miscarriage of justice – S connected to proceedings as involved in seeking information about whether applicant arranged other employment prior to termination – Found S’s true connection to proceedings made no difference to conclusions reached – Found request to be paid by instalments too late as should have been raised in investigation meeting – Authority declined to reopen matter |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s123(2);ERA s132;ERA Second Schedule cl4(2) |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_167.pdf [pdf 20 KB] |