| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 305 |
| Determination date | 15 July 2014 |
| Member | R Larmer |
| Representation | C Mansel ; S Wilson |
| Parties | Harrington v Flavour Creations Pty Ltd and Anor |
| Other Parties | Eriksen |
| Summary | PRACTICE AND PROCEDURE - Respondent sought removal of matter to Employment Court (EC") on grounds EC already had before it proceedings between same parties involving same or similar issues" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Challenge in Employment Court on jurisdiction. Jurisdiction issue separate from investigation of substantive matter. Personal grievances to be dealt with by Authority in first instance. Removal would deprive parties level of challenge. Application for removal declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(c) |
| Cases Cited | Abernethy v Dynea New Zealand Ltd [2007] ERNZ 271;Vice-Chancellor of Lincoln University v Stewart (No 2) [2008] ERNZ 249 |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Auckland_305.pdf [pdf 195 KB] |