| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 95 |
| Hearing date | 7 Mar 2012 |
| Determination date | 14 March 2012 |
| Member | A Dumbleton |
| Representation | A Drake, R Childs ; G Pollack |
| Location | Auckland |
| Parties | Matsuoka v LSG Sky Chefs New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought removal to EC on basis important question of law likely to arise and EC already had proceedings before it between same parties which involved similar issues – Applicant elected to transfer employment to respondent when previous employer (“P”) was unsuccessful in tendering to renew catering contract – EC previously held applicant was employee and entitled to elect transfer to respondent on same terms and conditions that applied before transfer – Applicant dismissed after EC upheld applicant’s entitlement to transfer – Respondent claimed conflict of interest between applicant and P – Authority found conflict of interest could be grounds for dismissal – Respondent claimed would not have chosen applicant for transfer because of conflict of interest – Whether respondent able to select employees for transfer with or without limitation – Found test satisfied that proceedings before EC involving same parties and similar issues – Found EC should determine matter – Matter removed |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA Part 6A |
| Cases Cited | Matsuoka v LSG Sky Chefs New Zealand Limited & Anor [2011] ERNZ 56 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_95.pdf [pdf 23 KB] |