| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 146 |
| Determination date | 14 April 2014 |
| Member | J Crichton |
| Representation | C Pidduck ; P White |
| Parties | Cronin-Lampe and Anor v Board of Trustees of Melville High School |
| Other Parties | Cronin-Lampe |
| Summary | PRACTICE AND PROCEDURE - Applicants sought removal of matter to Employment Court (EC") on grounds EC already had before it proceedings between same parties involving same or similar issues and in all circumstances matter should be determined by EC - Challenge to previous Authority determinations filed in EC - Applicants sought to advance legally different claim relying on same factual matrix considered in previous Authority determinations - Respondent did not oppose application" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Effect of current claim was to add to legal basis on which applicants sought recovery against respondent. Affront to justice and commonsense to have latest claim dealt with in forum different to forum in which other matters to be reconsidered. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c);ERA s178(2)(d);Health and Safety in Employment Act 1992 |
| Cases Cited | Cronin-Lampe v Board of Trustees of Melville High School [2013] NZERA Auckland 249;Cronin-Lampe v Board of Trustees of Melville High School [2013] NZERA Auckland 446 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_146.pdf [pdf 91 KB] |