| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 87/08 |
| Determination date | 11 March 2008 |
| Member | R Arthur |
| Representation | P Clark (in person) ; C Chilwell |
| Location | Auckland |
| Parties | Clark v Dargaville High School Board of Trustees |
| Summary | PRACTICE AND PROCEDURE – Authority identified claims and remedies sought by applicant from previous determination AA 344/07 and statement of claim in District Court (“DC”) – Applicant refused to attend investigation meeting as sought later date in school holidays – Applicant sought stay of investigation to avoid disclosing attendance at investigation meeting to new employer when applying for leave and as related claim in DC – Respondent’s key witness unable to attend meeting during first two school holidays due to work commitments – Authority noted investigation meeting would then be far later than material events – Authority noted setting date for investigation meeting was decision for Authority and consulting parties courtesy only - Authority considered applicant’s conduct, position regarding attending notified investigation meeting and reasons for doing so, and respondent’s right to have matter determined without undue delay - Authority concluded could do no more to investigate claim – Applicant litigious - In equity and good conscience, claim dismissed - Science teacher |
| Result | Orders made; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Education Act 1989 s139AK(ii) |
| Cases Cited | Clark v Northland Polytechnic, unreported, Travis J, 19 October 1999, AC 15A/99 |
| Number of Pages | 7 |
| PDF File Link: | aa 87_08.pdf [pdf 27 KB] |