| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 200 |
| Determination date | 02 December 2014 |
| Member | D Appleton |
| Representation | P Yarrall ; C Patterson |
| Location | Christchurch |
| Parties | Walker v Vulcan Steel Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues – Applicant claimed unjustifiably disadvantaged by not receiving bonus payment – Applicant claimed respondent breached parties’ settlement agreement – Storeman and machine operator |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Applicant’s claim in relation to bonus / profit share overlapped significantly with subject matter of investigation about to be convened by Authority following on from earlier Authority determination. Earlier Authority determination challenged to EC by respondent. If EC determined respondent did not act unjustifiably in deciding applicant breached ‘zero tolerance’ alcohol policy, very basis for Authority’s investigation of current grievance would be undermined. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 |
| Cases Cited | Walker v Vulcan Steel Ltd [2014] NZERA Christchurch 160 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Christchurch_200.pdf [pdf 196 KB] |