| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 82 |
| Determination date | 12 July 2013 |
| Member | T MacKinnon |
| Representation | D Fagundes ; D Drumm |
| Parties | Elbow Grease Clean Services Ltd v Westferry Property Services Ltd |
| Summary | JURISIDICTION – Whether applicant in employment relationship with respondent - Whether Authority had jurisdiction to hear claim respondent in default of obligations under Employment Relations Act Part 6A – Respondent demanded applicant pay staff transfer entitlements in respect of transferred staff – Matter addressed in Disputes Tribunal – Alleged bullying |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Available to applicant to apply for re-hearing in Disputes Tribunal or appeal to District Court. Parties not in employment relationship. Authority could not make determination about matters outside employment relationship. No evidence personal grievances raised by employees. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s4(2) – ERAs4(2)(h) - ERA Part 6A – ERA s69J – ERA s161 |
| Cases Cited | LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd [2012] NZHC 2810 |
| Number of Pages | 6 |
| PDF File Link: | 2013_NZERA_Wellington_82.pdf [pdf 223 KB] |