| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 32 |
| Determination date | 12 February 2013 |
| Member | H Doyle |
| Representation | P Butler ; A Sharma |
| Parties | Brightwater Engineers Ltd v Arrowsmith and Ors |
| Other Parties | Arrowsmith, Doocey, Colquhoun |
| Summary | PRACTICE AND PROCEDURE – Removal of matter to Employment Court (“EC”) on own motion – Authority found no jurisdiction to deal with applicant’s application for stay of previous Authority orders as no election to challenge determination made – Found urgency in proceedings meant in all circumstances application for stay of Authority orders should be determined by EC – Matter removed to EC |
| Abstract | Authority considered removal of matter to Employment Court (“EC”) on own motion. Authority had previously ordered applicant to pay respondents certain sums. Applicant paid money owed to first and second respondents into District Court. Applicant applied to EC for extension of time to file statement of claim challenging amount of compensation awards. Applicant sought stay of Authority orders pending outcome of challenge and order for payment by instalments of sums not subject to challenge in EC.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: No jurisdiction to deal with application for stay of Authority orders as no election to challenge determination made and only application before EC for extension of time to commence proceedings. Urgency in proceedings as money could be released from District Court to first and second respondents at any time. Urgency meant in all circumstances application for stay of Authority orders should be determined by EC. Authority noted EC already had before it proceedings between same parties involving same or substantially similar issues. Matter removed to EC. Application for payment by instalments to remain before Authority. |
| Result | Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c);ERA s178(2)(d);ERA s179 |
| Cases Cited | Arrowsmith v Brightwater Engineers Ltd [2012] NZERA Christchurch 275 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Christchurch_32.pdf [pdf 19 KB] |