| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 186 |
| Determination date | 01 June 2012 |
| Member | J Crichton |
| Representation | J Lawrie, T Oldfield ; P Kiely |
| Location | Auckland |
| Parties | New Zealand Nurses Organisation & Anor v Radius Residential Care Ltd |
| Other Parties | Service & Food Workers Union Nga Ringa Tota Inc |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found in all circumstances matter should be removed to EC – Matter removed to EC |
| Abstract | Applicant sought order for removal of matter to Employment Court (“EC”). Respondent did not oppose removal. Respondent intended to call former human resources manager (“R”) as witness. R current Authority member. Parties agreed potential for R to be treated as more credible witness at investigation meeting and made immediate application for removal of matter to EC.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Appropriate for matter to be dealt with in informal manner in circumstances. As R required to give evidence in matter, determining matter at Authority level may lead to appearance of bias when assessing credibility of parties’ witnesses. Challenge to Authority determination also likely. In all circumstances matter should be removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(d) |
| Cases Cited | Shearer v Radius Residential Care Ltd unreported, P Cheyne, 24 June 2010, CA 133/10 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_186.pdf [pdf 14 KB] |