| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 193 |
| Determination date | 16 May 2014 |
| Member | E Robinson |
| Representation | B Henry, P Knapp ; T Sewell |
| Parties | Owen v Chief Executive of the Department of Corrections |
| Summary | PRACTICE AND PROCEDURE - Applicant sought removal of matter to Employment Court (EC") on ground matter of such urgency that in public interest matter be removed - Alleged sexual harassment and respondent's failure in managing complaint - Applicant claimed not appropriate for Authority to hear due to number of witnesses, nature of claims, seriousness of issues and requirement for expert cross examination - Applicant claimed in public interest as respondent government department - Respondent claimed matter not urgent as applicant had not allowed Authority to deal with matter in timely manner - Investigation already commenced in Authority but not completed as applicant not sufficiently prepared" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Applicant resigned three years ago and filed Statement of Problem two years ago. Statement of Problem did not seek urgency at time. Lack of clarity in applicants claims hindered respondent's ability to respond appropriately. Respondent prepared to proceed at time investigation initially set down for but applicant unprepared to proceed. Delay emanated from applicant. Unlikely removing matter would advance hearing given scheduling requirements of EC. No public interest met by removal on basis of urgency. Not in public interest simply because respondent government department. Not appropriate in all circumstances that matter be removed. Application for removal declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s161(1);ERA s178(2);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_193.pdf [pdf 103 KB] |