| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 175 |
| Determination date | 07 June 2016 |
| Member | Andrew Dallas |
| Representation | T Drake ; B O'Callahan |
| Location | Auckland |
| Parties | Eden Group Ltd v Jackson & Ors |
| Other Parties | Kite, Blackman, New Space Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise and EC already had before it proceedings between same parties involving same or similar issues |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Respondent consented to removal. Important questions of law likely to arise concerning causation of loss, calculation of special damages, correct approach to determination of a proper award of penalties and whether respondents had obligation to report to employer actions of other employees contrary to duty of fidelity. EC already had before it proceedings concerning same, similar or related issues. Appropriate in all circumstances that EC should determine matter. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(1);ERA s178(2)(a);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Eden Group Ltd v Jackson [2016] NZEmpC 58 ; Eden Group Ltd v Jackson [2016] NZEmpC 60 |
| Number of Pages | 4 |
| PDF File Link: | 2016_NZERA_Auckland_175.pdf [pdf 95 KB] |