| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 104 |
| Determination date | 29 May 2012 |
| Member | D Appleton |
| Representation | P Van Keulen ; A Douglas |
| Location | Christchurch |
| Parties | Tompkins v Constructa Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Authority found matter involved factual disputes rather than questions of law – Found Authority equipped to deal with complex factual investigation – Application for removal declined – Project manager |
| Abstract | Applicant employed by respondent as project manager. Respondent sought order for removal to Employment Court (“EC”). Respondent claimed dispute between applicant and respondent commercial and might require forensic accountant to give expert evidence. Respondent claimed dispute likely to reach EC because of large quantum claimed. Applicant opposed removal and claimed removal on procedural grounds prohibited.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Authority unable to consider arguments relating to procedure likely to be used by EC. Although dispute between applicant and respondent commercial, dispute arose from employment relationship within jurisdiction of Authority. Fact that Authority’s determination likely to be challenged in EC not reason for removal. Resolution of dispute dependent on factual matters rather than questions of law and Authority used to undertaking complex factual enquiries. Any concerns respondent had about ability of Authority to address perceived inadequacies in applicant’s claim ill-founded. Application for removal declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160;ERA s178;ERA s178(2)(d);ERA s178(6);ERA s179 |
| Cases Cited | Jackel (New Zealand) Ltd v Ireland unreported, A Dumbleton, 11 November 2003, AA340/03;The New Zealand Amalgamated Engineering & Related Trades IUOW v Carter Holt Harvey Ltd unreported, A Dumbleton, 10 June 2002, AA172/02 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Christchurch_104.pdf [pdf 102 KB] |