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  19. [2011] NZEmpC 172 [PDF, 118 KB]

    Grant v Vice-Chancellor of University of Otago Parties agreed to Authority issuing recommendation under s 173A. Recommendation would become determination if parties did not object after 10 days. Plaintiff's counsel sought extension of time and defendant and Authority agreed. Plaintiff was not personally consulted. Defendant objected to the recommendation which was favourable to the plaintiff. Plaintiff argued that objection was too late as variation of deadline was not valid. Authority concluded variation valid. Court held it was not barred by ss 179 or 188 from deciding merits as issue was not procedural but substantive question concerning whether Authority had power to extend time. Effects of s 173A discussed. No requirement that variation be consented to personally. Variation, agreed by the parties, accepted by the Authority, and recorded properly can be made at any time up until the expiry of the period set by the Member for objection. No requirement that Authority had to redo the …