| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 303 |
| Determination date | 05 September 2016 |
| Member | Anna Fitzgibbon |
| Representation | S Greening ; H Wilson, J Traynor |
| Location | Auckland |
| Parties | Sands v Serco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (“EC”) on ground important questions of law likely to arise – Scope of s 4(1B)(c) Employment Relations Act 2000 (“the Act”) – Interplay between contractual rights of third party and employment relationships between employers and employees – Scope of s 238 of the Act |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Important questions of law likely to arise. Appropriate in all circumstances that matter removed. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1) ; ERA s4(1A) ; ERA s4(1B)(c) ; ERAs 178 ; ERA s178(2)(a) ; ERA s178(2)(d) ; ERA s238 ; Corrections Act 2004 s199(1)(c)(i) |
| Cases Cited | Allied Investments v Guise [201] NZEmpC 181 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_303.pdf [pdf 223 KB] |