| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 293 |
| Determination date | 10 July 2013 |
| Member | T G Tetitaha |
| Representation | R Alchin ; L Robinson |
| Parties | Roberts v Bank of New Zealand |
| 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 employed by respondent. Applicant sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues. Applicant claimed unjustifiably disadvantaged by respondent’s failure to actively consult applicant regarding sick leave. Authority dismissed applicant’s claim and applicant subsequently challenged determination. Applicant claimed two further unjustified disadvantage claims still to be investigated. Applicant claimed unjustifiably disadvantaged by disciplinary process and implementation of coaching plan.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: If applicant’s challenge successful, matter to be determined by EC also required determination of two further unjustified disadvantage claims. EC already had before it proceedings between same parties involving same or similar issues. Matter removed to EC. |
| Result | Application granted; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(1) – ERA s178(2)(c) |
| Number of Pages | 2 |
| PDF File Link: | 2013_NZERA_Auckland_293.pdf [pdf 87 KB] |