| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 187 |
| Determination date | 13 May 2013 |
| Member | R A Monaghan |
| Representation | R J Hooker ; K Beck |
| Parties | Ohms v Vice Chancellor Auckland University of Technology |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal to Employment Court on ground important question of law likely to arise – Applicant concerned appointment of new professor precursor to applicant’s redundancy – Applicant’s health deteriorated as result of stress – Sick leave exhausted and applicant put on paid special leave – Whether respondent entitled to refuse applicant’s return to work on basis of health and safety |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Law sufficiently settled in this area. Resolution of matter would depend significantly on facts. Appropriate for Authority to address matter in first instance. Application for removal declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 - ERA s 178(2)(a) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 |
| Number of Pages | 9 |
| PDF File Link: | 2013_NZERA_Auckland_187.pdf [pdf 186 KB] |