| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 111/09 |
| Determination date | 22 July 2009 |
| Member | J Crichton |
| Representation | G Slevin ; J Goldstein |
| Location | Christchurch |
| Parties | Hillyers of Lincoln 2006 Ltd v Pateman |
| Summary | PRACTICE AND PROCEDURE – Application for stay of proceedings – Applicant sought stay of Authority investigation until criminal charges relating to same subject matter heard – Respondent resisted stay and sought prompt hearing of personal grievance irrespective of hearing of any criminal charges – Applicant claimed respondent faced criminal charges for same conduct which resulted in dismissal – Applicant claimed respondent admitted criminal allegations, and agreed to not continue working for applicant, and raised unjustified dismissal personal grievance at last minute – Respondent argued never made admission of wrongdoing regarding criminal allegation – Argued unjustifiably dismissed on basis of spurious allegation without substance – Applicant claimed prejudiced in personal grievance claim if Authority investigation proceeded before criminal matter decided – Respondent argued substantial delay before personal grievance heard if stay granted – Authority found only proper course was to grant stay on basis to avoid prejudice to parties of unsustainable determination – However, given trouble with lengthy delay by unlimited stay, proper course to direct counsel to Authority after depositions hearing for review of matter – Authority concluded not indicating intention to lift stay ; only willingness to review decision |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | ca 111_09.pdf [pdf 19 KB] |