Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2012] NZERA Wellington 68
Hearing date 19 Jun 2012
Determination date 20 June 2012
Member G J Wood
Representation D Becker ; P Stobbart
Location Wellington
Parties Lloyd v AV Services (1994) Ltd
Summary PRACTICE AND PROCEDURE – Application for adjournment – Applicant sought adjournment on basis respondent had presented large number of documents at investigation meeting without opportunity for applicant to view documents – Authority found applicant would be prejudiced greatly by late and incomplete provision of witness statements and written documentation if adjournment not granted – Application for adjournment granted – COSTS – Less than one day investigation meeting – Applicant sought $2,800 contribution towards costs – Respondent to pay applicant $700 contribution towards costs
Abstract Applicant sought adjournment on basis respondent had presented large number of documents at investigation meeting without opportunity for applicant to view documents. Applicant sought $2,800 contribution towards costs. After failing to engage with Authority process respondent arrived at investigation meeting with witness statements and documentation and indicated intention to seek adjournment.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant would be prejudiced greatly by late and incomplete provision of witness statements and written documentation if adjournment not granted. Respondent also effectively seeking adjournment. Application for adjournment granted.;COSTS: Less than one day investigation meeting. Authority found respondent’s failure to engage with Authority process caused delays. Respondent to pay applicant $700 contribution towards costs.
Result Application granted; Orders made; Costs in favour of applicant ($700); Disbursements in favour of applicant ($1,193.30)(travel and accommodation)
Main Category Practice & Procedure
Statutes ERA s181;ERA s182
Number of Pages 3
PDF File Link: 2012_NZERA_Wellington_68.pdf [pdf 134 KB]