| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 168 |
| Determination date | 27 May 2016 |
| Member | Robin Arthur |
| Representation | J Turner ; P Finnigan, B van Delden, G Pollak |
| Location | Auckland |
| Parties | Harlow v Western Property Management Ltd (in Liquidation) and Ors |
| Other Parties | Teague, West Management Ltd |
| Summary | PRACTICE AND PROCEDURE - Authority considered removal of matter to Employment Court (“EC”) on own motion - Whether important question of law likely to arise, EC already had before it proceedings between same parties involving same or similar issues, and in all circumstances matter should be determined by EC. |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Wider issues of jurisdiction and equity raised by applicants claim. Issue over personal liability for director over breach of consent determination and settlement agreement. Arguably important question of law likely to arise and EC already had before it proceedings between same parties involving same or similar issues. In all circumstances matter should be determined by EC. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Companies Act 1993 s248 - Companies Act 1993 s248(1) - Companies Act 1993 s248(1)(c)(i) - Companies Act 1993 s248(1)(c)(ii) - ERA s178(1) - ERA s178(2)(a) - ERA s178(2)(c) - ERA s178(2)(d) - ERA s178(5) - ERA s190(3) |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);Harlow v Western Property Management Ltd [2016] NZERA Auckland 18;Harlow v Western Property Management Ltd [2016] NZERA Auckland 119 |
| Number of Pages | 6 |
| PDF File Link: | 2016_NZERA_Auckland_168.pdf [pdf 185 KB] |