| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 202 |
| Determination date | 03 July 2015 |
| Member | A Fitzgibbon |
| Parties | Te Reo Irirangi O Nga Raukawa Trust Board t/a Raukawa FM v Hauiti |
| Summary | PRACTICE AND PROCEDURE – Authority considered removal of matter to Employment Court (“EC”) on own motion on ground important question of law likely to arise and whether in all circumstances matter should be removed – Whether Authority had jurisdiction to issue compliance order to enforce parties’ settlement agreement (“SA”) |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Important questions of law likely to arise concerning whether Authority had jurisdiction to issue compliance order in relation to particular SA, whether Authority could order compliance if relevant judgment recording terms of settlement is not stated to be order or requirement of EC, and how recent Court of Appeal decision fits in with overriding objects of Employment Relations Act 2000 concerning resolution of problems. EC needed to consider what was intended by those provisions if SA entered into following EC proceedings could only be enforced in civil courts. In all circumstances matter should be removed to EC. Matter removed to EC. |
| Result | Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s3(a)(v);ERA s137;ERA s137(2);ERA s143(a);ERA s143(b);ERA s149;ERA s149(3;ERA s151;ERA s161;ERA s 178(1);ERA s 178(2)(a);ERA s 178(2)(d) |
| Cases Cited | JP Morgan Chase NA v Lewis [2015] NZCA 255;Te Reo Irirangi o Nga Raukawa Trust Board t/a Raukawa FM v Hauiti [2015] Auckland 10;Te Reo Irirangi o Nga Raukawa Trust Board t/a Raukawa FM v Hauiti [2015] Auckland 108 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Auckland_202.pdf [pdf 156 KB] |