| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 364 |
| Determination date | 23 November 2015 |
| Member | T G Tetitaha |
| Representation | A Drake ; S Langton |
| Location | Auckland |
| Parties | Sheath v The Selwyn Foundation and Anor |
| Other Parties | Selwyn Care Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on grounds important question of law and EC already had before it proceedings between same involving same or similar issues |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Both parties consented to removal but consent not determinative. Question of law regarding redundancy not important and primarily required resolution of disputed facts. Proceedings already before EC to do with wage arrears and unjustified disadvantage, not redundancy. Dismissal happened after determination under challenge released and will involve new and untested evidence. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(c) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);McAlister v Air New Zealand Ltd EmpC Auckland AC22/05, 11 May 2005;Sheath v Selwyn Foundation [2015] NZERA Auckland 134;Vice-Chancellor of Lincoln University v Stewart (No 2) [2008] ERNZ 249 (EmpC) |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_364.pdf [pdf 145 KB] |