| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 188/09 |
| Determination date | 01 December 2009 |
| Member | P R Stapp |
| Representation | P McBride ; M Beech, A Higgins |
| Location | Wellington |
| Parties | Kanar v Gurleyen and Anor |
| Other Parties | Sultan's Harem Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for indefinite stay of proceedings – Dates for investigation meeting vacated after applicant involved in accident – Matter put on hold until applicant sought to proceed – Subsequently matter resumed, however, respondent raised number of issues – Respondents sought first respondent removed from employment relationship problem, delay in investigation meeting, and requested documents - First respondent provided medical certificate to Authority and sought investigation be delayed as unwell – Respondents sought substantive investigation be stayed indefinitely due to first respondent’s ill health – Respondents argued first respondent’s evidence crucial to investigation as directly involved with applicant – Also argued matter of natural justice hearing stayed indefinitely – Authority found medical evidence showed applicant’s health such that could give evidence in future – Found no express powers to adjourn indefinitely or sine die except upon application of natural justice principles – Found further information would help in making assessment – Found no need to stay proceedings indefinitely and adjournment sine die declined – Authority proposed investigation meeting be scheduled for specified date with back up dates if needed – Found applicant entitled to see material on file and suppression not required – However, Authority ordered prohibition of publication of details on interim arrangement – Application for indefinite stay of proceedings dismissed |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 6 |
| PDF File Link: | wa 188_09.pdf [pdf 25 KB] |