| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 386 |
| Determination date | 17 September 2014 |
| Member | A Fitzgibbon |
| Representation | G Pollak ; M Lawlor |
| Parties | Brown and Anor v New Zealand Basang Ltd of Hong Kong, a wholly owned subsidary of Cathay Pacific Airways Ltd of Hong Kong |
| Other Parties | Sycamore |
| Summary | PRACTICE AND PROCEDURE - Parties sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise and in all circumstances matter should be determined by EC - Parties' employment agreements ("EA") provided law of Hong Kong applied - EAs provided applicants to retire at 55 years of age - Whether respondent could rely on exception in Human Rights Act 1993 applying to employment on non-New Zealand aircraft - Cathay Pacific - Pilots - Senior captains" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Important issues of law arose as to applicability of New Zealand or Hong Kong law and interface in particular circumstances of Human Rights Act 1993. Number of employees affected by decision. Urgency required given applicants to turn 55 in next year. In all circumstances EC should determine matter. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2);ERA s178(2)(a);ERA s178(2)(d);Human Rights Act 1993;Human Rights Act 1993 s24;New Zealand Bill of Rights Act 1990 |
| Cases Cited | McAlister v Air New Zealand Ltd unreported, Shaw J, 11 May 2005, AC22/05 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_386.pdf [pdf 113 KB] |