| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 151 |
| Determination date | 07 May 2012 |
| Member | E Robinson |
| Representation | C McLorinan ; M Ryan |
| Location | Auckland |
| Parties | Fugro PMS Pty Ltd & Anor v Tinkler |
| Other Parties | Pavement Services Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant previously sought compliance with parties’ settlement agreement (“SA”) – Respondent claimed entered into SA under duress – Authority previously found respondent did not enter into SA under duress – Respondent challenged preliminary Authority determination and sought de novo hearing in EC – Applicant sought removal of substantive determination to EC on grounds same or similar matter already before EC and in all circumstances EC should determine matter – Respondent did not oppose application – Authority found similar matter already before EC and in all circumstances EC should determine matter – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Number of Pages | 2 |
| PDF File Link: | 2012_NZERA_Auckland_151.pdf [pdf 11 KB] |