| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 134 |
| Determination date | 03 July 2013 |
| Member | C Hickey |
| Representation | J Goldstein ; E Child |
| Parties | Davis v The Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found EC had before it proceedings between same parties involving same or similar issues – Found in all circumstances matter should be determined by EC – Matter removed to EC |
| Abstract | Applicant sought removal of the matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues. Applicant claimed respondent failed to meet good faith obligations and applicant unjustifiably disadvantaged in employment. Applicant previously brought unsuccessful claim against respondent. Applicant challenged previous Authority determination to EC. Respondent agreed more efficient for all parties if applicant’s new complaints heard at same time in same forum.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: EC already had before it proceedings between same parties involving same or similar issues. In all circumstances matter should be determined by EC. Matter removed to EC. |
| Result | Application granted; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 – ERA s178(2)(c) |
| Cases Cited | Davis v Commissioner of Police unreported, R Arthur, 5 July 2010, AA313/10 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Christchurch_134.pdf [pdf 85 KB] |