Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2016] NZERA Wellington 40
Hearing date 24-Mar-16
Determination date 06 April 2016
Member Michele Ryan
Representation P Cranney ; P Chemis, J Howes
Location Wellington
Parties Lawson v Chief Executive, Western Institute of Technology
Summary PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) 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: Applicant’s questions of law can only arise if there is prior investigation. Uncertain whether questions raised would be determinative of applicant’s matter. Statutory grounds for removal not met. Applicant’s personal grievances not in public interest to be removed to EC. Application for removal dismissed.
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Statutes ERA s103A;ERA s104;ERA s104(1);ERA s107;ERA s107(1)(a);ERA s107(1)(g);ERA s119;ERA s177;ERA s178(2)(a);ERA s178(2)(b);ERA Second Schedule cl1(b)
Cases Cited Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);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
Number of Pages 8
PDF File Link: 2016_NZERA_Wellington_40.pdf [pdf 186 KB]