| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 341 |
| Determination date | 05 October 2016 |
| Member | T Tetitaha |
| Representation | Lawyer A ; P Robertson |
| Location | Auckland |
| Parties | Maday v Avondale College Board of Trustees |
| Summary | PRATCICE AND PROCEDURE – Legal representation – Whether lawyer permitted to represent applicants after acting as witness in preliminary matter |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Lawyer expressed views about evidence of respondent witness, calling into question lawyer’s ability to properly examine witness and others. Possibility that lawyer required to give evidence again. Lawyer’s evidence in preliminary issue contentious. Possibility of abuse of process occurring outweighed applicant’s right to choose legal representative. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114(3) ; ERA s115(1)(b) ; ERA s157 ; ERA s157(2)(a) ; ERA s160(1)(f) ; ERA s173(1)(a) ; ERA s173(1)(b) ; ERA s236 ; ERA Second Schedule cl2 ; EAR R4 ; Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 R13.5 |
| Cases Cited | Black v Taylor [1993] 3 NZLR 403 (CA) ; Cutting v Liu [2014] NZHC 1063 ; Greenmount Manufacturing Ltd v Southborne Investments Ltd (2008) 19 PRNZ 84 (HC) ; Maday v Avondale College Board of Trustees [2016] NZERA Auckland 300 ; Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 ; Walker v Procare Health Ltd [2011] NZEmpC 95, [2011] ERNZ 173 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_341.pdf [pdf 282 KB] |