| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 203 |
| Determination date | 21 June 2016 |
| Member | Anna Fitzgibbon |
| Representation | S Turner ; A Drake |
| Location | Auckland |
| Parties | Kaipara District Councel v McKerchar |
| Summary | PRACTICE AND PROCEDURE – Authority considered removal of matter to Employment Court (“EC”) on own motion on grounds important question of law likely to arise, matter of such nature and urgency that in public interest matter be removed and in all circumstances matter should be removed |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Important question of law likely to arise regarding enforceability of settlement agreement when not entered into pursuant to section 149 Employment Relations Act 2000. Matter subject of intense media scrutiny and has become matter of public interest. In all circumstances appropriate for EC to determine matter. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s149;ERA s161(1)(r);ERA s178(1);ERA s178(2);Local Government Act 2002;Local Government (Rating) Act 2002 |
| Cases Cited | JP Morgan Chase Bank NA v Lewis [2015] NZCA 255, [2015] NZLR 3 618 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Auckland_203.pdf [pdf 209 KB] |