| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 106/08 |
| Determination date | 19 March 2008 |
| Member | R Arthur |
| Representation | G Pollak ; S Stokes |
| Location | Auckland |
| Parties | Lee v Fishmart Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent sought to suspend investigation meeting pending outcome of Police investigation - Applicant opposed postponement and claimed unaware complaint made to Police - Complaint to Police related to stolen company products, including money" - Applicant's personal grievance arose from dismissal for serious misconduct for stealing - No reference to Police investigation in documents previously submitted to Authority - If investigation underway it resulted from complaint made by respondent after Authority's timetable set, and in any event, related to events which allegedly occurred prior to dismissal - Applicant advised happy to produce statement to Police and did not wish to invoke right to silence - No presumption determination of employment proceedings should be postponed until criminal case concluded - Application declined" |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A |
| Cases Cited | Murphy v Steel Tube NZ Ltd unreported, Couch, J, 16 October 2007, CC 18/07 |
| Number of Pages | 3 |
| PDF File Link: | aa 106_08.pdf [pdf 17 KB] |