| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 102 |
| Determination date | 22 October 2014 |
| Member | P R Stapp |
| Representation | P Cranney ; M Gould |
| Parties | Morgan and Anor v Tranzit Coachlines Wairarapa Ltd |
| Other Parties | Schofield |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (“EC”) – Close down period during annual leave cycle – Application not opposed by applicants – School bus drivers |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Application gave rise to question of law on issue of whether applicants met requirements of 12 months’ continuous employment to be entitled to annual leave under Holidays Act 2003. Question of law likely to arise other than incidentally. In all circumstances matter should be determined by EC. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(a);ERA s178(2)(d);Holidays Act 2003;Holidays Act 2003 s16(2) |
| Cases Cited | Tranzit Coachlines Wairarapa Ltd v Morgan (2013) 11 NZELR 192 |
| Number of Pages | 3 |
| PDF File Link: | 2014_NZERA_Wellington_102.pdf [pdf 386 KB] |