| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 329 |
| Determination date | 21 September 2012 |
| Member | R Larmer |
| Representation | S Mitchell ; K Dunn |
| Location | Auckland |
| Parties | Angus v Ports of Auckland Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found EC already had before it proceedings between same parties involving same or substantially similar issues – Found in all circumstances appropriate that matter should be determined by EC – Matter removed to EC |
| Abstract | Applicant sought removal of matter to Employment Court (“EC”) on grounds EC already had before it proceedings between same parties involving same or substantially similar issues and in all circumstances matter should be determined by EC. Applicant claimed unjustifiably dismissed by respondent and sought interim reinstatement (“first personal grievance”). Authority removed first personal grievance to EC. EC ordered applicant be interim reinstated pending hearing of substantive matter. Applicant subsequently dismissed by respondent while interim reinstatement order in force. Applicant sought compliance with interim reinstatement order. Applicant issued proceedings in Authority claiming unjustifiably dismissed by respondent (“second personal grievance”). Applicant sought removal of second personal grievance.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: EC already considering applicant’s first personal grievance and application for compliance with interim reinstatement order. EC already had before it proceedings between same parties involving same or substantially similar issues. Removal of second personal grievance would ensure applicant’s claim dealt with in most timely and cost effective manner. In all circumstances appropriate that matter should be determined by EC. Matter removed to EC. |
| Result | Application granted; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A;ERA s178(2);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Angus v Ports of Auckland Ltd (2011) 9 NZELC 93,999;Angus v Ports of Auckland Ltd [2011] NZERA Auckland 401 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_329.pdf [pdf 152 KB] |