| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 76 |
| Hearing date | 9 May 2014 |
| Determination date | 12 May 2014 |
| Member | H Doyle |
| Representation | A Sharma ; B Scotland |
| Parties | Kenmare v Fulton Hogan Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicant sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise, matter of such nature and urgency that in public interest matter be removed, EC already had before it proceedings between same parties involving same or similar issues and in all circumstances matter should be determined by EC - Random drug testing - Alleged changes made to collective agreement without consultation with Union - Construction labourer" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Any question of law likely to be incidental. Not the first time such matters before employment institutions. No wider implications beyond specific facts that persuaded removal on basis of public interest. Matter before EC challenge to interim reinstatement determination. Focus of interim application and substantive personal grievance different. Parliaments intention for Authority to determine type of case. Removal would deprive parties level of challenge. Application for removal declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A;ERA s127;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Hanlon v International Education Foundation (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Christchurch_76.pdf [pdf 108 KB] |