| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 264 |
| Determination date | 01 August 2012 |
| Member | A Dumbleton |
| Representation | M O'Brien, N Taefi ; P Swarbrick |
| Location | Auckland |
| Parties | Edwards v Two Degrees Mobile Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found important question of law likely to arise – Matter removed to EC |
| Abstract | Applicant (Mr Edwards – Employee) sought removal of matter to Employment Court (“EC”) on grounds that important question of law likely to arise and EC had before it proceedings between same parties involving same or substantially similar issues. Matter concerned whether respondent (Two Degrees Mobile Limited – Employer) justified in deciding applicant’s position redundant. EC had stated recently that test of justification for dismissals in redundancy cases may require reconsideration in light of amendments to Employment Relations Act 2000.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Whether amendments to Employment Relations Act 2000 affected test of justification for dismissals in redundancy cases important question of law that should be resolved expeditiously. No proceedings before EC involving same or substantially similar issues. Appropriate that matter be removed on ground that important question of law likely to arise. Matter removed to EC. |
| Result | Application granted; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103;ERA s103A;ERA s178;ERA s178(2)(c) |
| Cases Cited | Angus v Ports of Auckland Ltd (2011) 9 NZELC 94,015;Edwards v Two Degrees Mobile Ltd [2012] NZEmpC 111;Edwards v Two Degrees Mobile Ltd [2012] NZERA Auckland 224;G N Hale & Sons Ltd v Wellington etc Caretakers etc IUOW (1990) ERNZ Sel Cas 843; [1991] 1 NZLR 151;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_264.pdf [pdf 214 KB] |