| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 57/03 |
| Determination date | 15 April 2003 |
| Member | D Asher |
| Representation | P Morton ; G Davenport |
| Location | Wellington |
| Parties | Bunker & Anor v New Zealand Post Primary Teachers Association |
| Other Parties | Moore |
| Summary | PRACTICE AND PROCEDURE - Application for urgency - Statement of problem alleged respondent's disciplinary investigation amounted to unjustified disadvantage - Investigation delayed until determination issued - Applicant's counsel unavailable for 5 weeks - Prospect of applicant's success remote - Best method by which rights to speedy, informal and practical justice met - Delay neither onerous nor unfair in circumstances - Regard had to lengthy history of matter - Applicants were senior staff members - Authority's decision could have major impact on career interests - Against interest of justice to deprive applicants of counsel of choice - Inevitable publicity - Parties interests lay in mutual settlement - Direction to mediation - General secretary/Deputy general secretary |
| Result | Application dismissed ; Referred to mediation ; Costs reserved |
| Statutes | ERA s3;ERA s4(1)(c);ERA s159(1)(b);ERA s160(b);ERA s174;ERA Second Schedule cl17 |
| Cases Cited | Kimber v New Zealand Fire Service unreported, J Wilson, 11 January 2001, AA 3/01;Russell v Wanganui City College [1998] 3 ERNZ 1076 |
| Number of Pages | 8 |
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