Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2015] NZERA Wellington 64
Determination date 01 July 2015
Member M B Loftus
Representation B Buckett ; S Waring
Location Wellington
Parties Burns v Randwich Meats Company Ltd
Summary PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or similar issues
Abstract AUTHORITY FOUND –PRACTICE AND PROCEDURE: No important question of law likely to arise, no real urgency or genuine public interest. Proceedings already before EC related to unjustified disadvantage claims between same parties. Since current proceeding related to dismissal, proceeding continuation of process already in part before EC. Pointless to litigate same facts in multiple fora. Matter removed to EC.
Result Application granted ; No order for costs
Main Category Practice & Procedure
Statutes ERA s178;ERA s178(2);ERA s178(2)(c)
Cases Cited Burns v Randwick Meats Company Ltd [2014] NZERA Wellington 111;Burns v Randwick Meats Company Ltd [2015] NZERA Wellington 11;Cronin-Lampe v Board of Trustees of Melville High School [2014] NZERA Auckland 146;Department for Courts v Croft ERA Auckland AA113/01, 14 August 2001;Roberts v Bank of New Zealand [2013] NZERA Auckland 293
Number of Pages 4
PDF File Link: 2015_NZERA_Wellington_64.pdf [pdf 144 KB]