| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 144/10 |
| Hearing date | 7 Jul 2010 |
| Determination date | 09 July 2010 |
| Member | J Crichton |
| Representation | No appearance ; S Simpson |
| Location | Dunedin |
| Parties | Michelle v Noel Leeming Group Ltd |
| Summary | PRACTICE AND PROCEDURE – No appearance for applicant – Applicant’s advocate failed to attend mediation in teleconference arranged by Authority – Subsequently applicant failed to attend mediation although advocate attended – Advocate withdrew from representation of applicant – Authority support staff unsuccessful in obtaining response from applicant whether would attend investigation meeting – However, applicant told respondent’s advocate was too busy to attend – Authority’s attempts to contact applicant before investigation meeting unsuccessful – Authority dismissed application for want of prosecution – COSTS – Authority found respondent put to significant cost defending application – Found applicant failed to attend mediation and investigation meeting to progress claim – Found applicant had obligation to pursue matter with due diligence – Authority inconvenienced and devoted resource to hearing as consequence of applicant’s failures – Found respondent entitled to recover costs – Found respondent incurred travel costs, accommodation, and other incidental expenses – Applicant ordered to pay respondent $1,300 contribution to costs |
| Result | Application dismissed ; Orders made ; Costs in favour of respondent ($1,300) |
| Main Category | Practice & Procedure |
| Number of Pages | 3 |
| PDF File Link: | ca 144_10.pdf [pdf 13 KB] |