| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 158 |
| Determination date | 23 October 2015 |
| Member | Helen Doyle |
| Representation | P Andrew, L Goffin ; R McIlraith, K Dunn |
| Location | Christchurch |
| Parties | Edminstin v Sanford Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise, jurisdictional difficulties and in all circumstances matter should be determined by EC |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Key issue in matter involved interpretation of clause in settlement agreement (“SA”), not question of law. No important question of law arises. No overlapping jurisdiction between Authority and EC requiring applicant to litigate twice, since neither can award damages for breach of SA. No advantage to applicant in obtaining judgment in EC for further proceedings in District Court. No good reason in all circumstances for removal apparent. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s149;ERA s160(1)(a);ERA s178;ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Chief Executive Officer of the Department of Corrections v Corrections Association of New Zealand Inc [2005] ERNZ 984 (EmpC);Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC) ;;JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] 3 NZLR 618;New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317;South Tranz Ltd v Straight Freight Ltd [2007] ERNZ 704 (EmpC);Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Christchurch_158.pdf [pdf 228 KB] |