| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Christchurch 64 |
| Determination date | 13 May 2011 |
| Member | H Doyle |
| Representation | R Towner ; P Churchman |
| Location | Christchurch |
| Parties | Warren Skerret Investments Ltd v Broad |
| Summary | PRACTICE AND PROCEDURE – Application for adjournment – Applicant sought adjournment of investigation meeting scheduled to be held in approximately two weeks - Applicant sought adjournment for following reasons – Applicant intended to apply for order requiring documents be provided by respondent’s current employer - Applicant’s key witness unexpectedly unavailable until time when applicant’s statements of evidence due - Applicant intended to apply for joinder of another party – Applicant intended to make further changes to amended statement of problem – Two days set down for investigation meeting insufficient and further day required - Respondent opposed investigation - Respondent claimed was abuse of process to seek adjournment at late stage and indicate would make interlocutory applications – Claimed applicant was slow in progressing matter having taken almost a year to lodge statement of problem after applicant resigned – Claimed disrespectful to Authority and respondent to be allowed, at such late stage, to seek adjournment and make fundamental changes to statement of problem because of inadequate thought given to claim when initially filed - Respondent’s counsel and witnesses had already made travel plans - Authority found that late application for adjournment created great inconvenience and difficulty and was not acceptable – However, Authority not certain that proceeding on basis of claim as currently lodged would result in less inconvenience and expense in other than short term – Authority not satisfied application made for other than reason was belated appreciation of case - Application for adjournment granted – Applicant to apply for documents sought and make joinder application within 14 days |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(1)(a);ERA s221 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_64.pdf [pdf 20 KB] |