| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 458 |
| Determination date | 03 October 2013 |
| Member | E Robinson |
| Representation | S McKenna ; V Deobhakta |
| Parties | Christensen v The Montessori Foundation |
| Summary | PRACTICE AND PROCEDURE - Application for stay of proceedings pending challenge of preliminary matter and application to recuse member from hearing matter - 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" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Application for stay of proceedings declined. Application for removal declined. Application to recuse member declined. |
| Result | Applications dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114 - ERA s178 - ERA s178(2) - ERA s178(2)(a) - ERA s178(2)(b) - ERA s178(2)(c) - ERA s178(2)(d) - Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 |
| Cases Cited | Assured Financial Peace Ltd v Pais [2010] NZEmpC 50;Auckland District Health Board v X (No 2) [2005] ERNZ 551;North Dunedin Holdings Ltd v Harris [2011] NZEmpC 118;NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74;Saxmere Company Ltd v Wool Board Disestablishment Company Ltd [2010] 1 NZLR 76;Siemer v Attorney-General [2013] NZHC 1111;Superior Motor Cycles Ltd v Patterson [2012] NZEmpC 196 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Auckland_458.pdf [pdf 186 KB] |