| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 207 |
| Determination date | 20 December 2011 |
| Member | P Cheyne |
| Representation | A Sharma ; K Dunn |
| Location | Christchurch |
| Parties | Gazeley v Oceania Group (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant claimed would suffer continued irreparable damage to reputation, employment prospects and lost earnings if matter not removed to EC on grounds of urgency – Respondent claimed matter not of such urgency that in public interest to remove it to EC – Respondent claimed challenge to Authority determination filed in EC not within words of s178(2)(c) Employment Relations Act 2000 (“ERA”) – Respondent claimed matter not complex and respondent should not be put to extra expense of defending matter in EC instead of Authority – Authority found no public interest arose from applicant’s desire to progress substantive claim – Found overall case not of such urgency that in public interest to remove it to EC – Found “already” in s178(2)(c) ERA meant at time Authority determined application for removal rather than at time of application for removal – Found could not be said issues before EC unrelated to issues remaining for Authority – Found applicant’s removal application just came within s178(2)(c) ERA – However, found best way of giving effect to objects of ERA was to decline removal – Application for removal declined – Facility Manager |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A;ERA s125;ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZERA Auckland 401;Angus and Anor v Ports of Auckland Ltd NZEmpC 160;McKean v Ports of Auckland Ltd [2011] NZERA Auckland 422;NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] ERNZ 74 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_207.pdf [pdf 37 KB] |