| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 202 |
| Hearing date | 13 Dec 2011 |
| Determination date | 13 December 2011 |
| Member | A Dumbleton |
| Representation | B Buckett ; P Churchman |
| Location | Wellington |
| Parties | French v Acident Compensation Corporation |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant claimed same or similar matter already before EC and in all circumstances EC should determine matter – Respondent opposed application – Authority previously found applicant not unjustifiably disadvantaged by respondent – Applicant challenged previous Authority determination and hearing date to be allocated by EC – Applicant returned to work after sick leave and told by respondent had been made redundant – Applicant claimed redundancy a sham – Applicant lodged second statement of problem alleging had been unjustifiably dismissed by respondent and sought removal to EC so applications could be heard together – Authority found EC and Authority proceedings involved related issues – Found matters in both applications could be seen as part of continuum related to parties’ second employment agreement (“EA”) – Found consequences of termination of EA might also give rise to important question of law – Found in all circumstances EC should determine matter as matter an evolving employment relationship problem between parties – Found would be unjust if applicant required to remain before Authority as would duplicate applicant’s costs – Found removal would avoid possible fragmentation of resolution of matter - Found matter would be most justly and efficiently disposed of if removed to EC - Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2)(a);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | French v Accident Compensation Corporation [2011] NZERA Wellington 2 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_202.pdf [pdf 24 KB] |