| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 125 |
| Determination date | 16 October 2012 |
| Member | G J Wood |
| Representation | P Cranney ; R Harrison |
| Parties | Law and Ors v Board of Trustees of Woodford House and Ors |
| Other Parties | Colbert, Board of Trusteers of Iona College |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found whether provisions of Minimum Wage Act 1983 applied to applicants while conducting sleepovers question of mixed fact and law fundamental to case – Found application of Minimum Wage Act 1983 to matter important question of law likely to arise – Matter removed to EC |
| Abstract | Parties sought removal of matter to Employment Court (“EC”) on grounds important question of law likely to arise and in all circumstances matter should be determined by EC. Parties claimed previous Court of Appeal judgment yet to be applied outside residential disability sector and extent of principles in judgment important question of law. Parties claimed challenge to Authority determination very likely or inevitable.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Whether provisions of Minimum Wage Act 1983 applied to applicants while conducting sleepovers question of mixed fact and law fundamental to case. Previous Court of Appeal judgment not applied in education sector and determination of matter could potentially affect number of other employers in education and other sectors. Application of Minimum Wage Act 1983 to matter important question of law likely to arise. Whether challenge to Authority determination likely not relevant. Matter removed to EC. |
| Result | Application granted; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);Minimum Wage Act 1983 |
| Cases Cited | Cocks v Foote Cone & Belding Ltd [1994] 1 ERNZ 180;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;Idea Services Ltd v Dickson [2011] 2 NZLR 522 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Wellington_125.pdf [pdf 149 KB] |