| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 143 |
| Determination date | 20 May 2015 |
| Member | V Campbell |
| Representation | P Skelton ; M Richards, C Loughlin |
| Location | Auckland |
| Parties | Yu v Zespri International Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (EC") on ground important question of law likely to arise and that EC already had before it proceedings between same parties involving same or similar issues" |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM - PRACTICE AND PROCEDURE: Important question of law to be determined relating to whether New Zealand courts could make enquiries about decisions and acts of other sovereign states. Significant public interest in matter justifying removal to EC. No proceedings between same parties involving same or similar issues already before EC. In all circumstances that EC should determine matter. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA 178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);Vice-Chancellor of Lincoln University v Stewart (No 2) [2008] ERNZ 249 (EmpC) |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_143.pdf [pdf 91 KB] |