| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 53 |
| Determination date | 24 February 2016 |
| Member | Anna Fitzgibbon |
| Representation | E Hartdegen ; J Rooney |
| Location | Auckland |
| Parties | James Hardy t/a Datcom Ltd v Visionstream Pty Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court on grounds important question of law likely to arise and matter of such nature and urgency that in public interest matter be removed |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Question of law related to applicant’s status as employee or contractor. Question determinable by Authority. Nature of issues not urgent or of national importance. Authority well placed to consider factual basis of claim. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s6;ERA s6(2);ERA s161(1)(c);ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d) |
| 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;Singh v Eric James & Associates Ltd [2010] NZEmpC 1 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Auckland_53.pdf [pdf 169 KB] |