| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 410 |
| Determination date | 08 October 2014 |
| Member | J Crichton |
| Representation | B Samujh ; A Bennett |
| Parties | Wisneski v The Hamilton Residential Trust |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Application to strike out applicant's personal grievance - Want of prosecution - Failure to comply with Authority timetables - Applicant's advocate unwell - Whether applicant should be required to obtain alternative representation |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Applicant sought time to allow advocate to recover health and file applicant's brief of evidence. Continuing delays frustrating but appropriate to give latitude to advocate too unwell to fulfill obligations. Advocate had been involved in matter for over three years and further delay likely to be caused if applicant required to obtain alternative representation. Applicant to have until specified date to file brief of evidence. Authority indicated if brief of evidence not filed accordingly, applicant would be directed to obtain alternative representation and, if alternative representation not obtained, respondent's application to strike out would be considered. Application to strike out adjourned. Orders made. |
| Result | Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Cases Cited | Frazer v Pan Pacific Auto Electronics Ltd [2013] NZERA Auckland 64 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_410.pdf [pdf 148 KB] |