Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2016] NZERA Christchurch 174
Determination date 27 September 2016
Member P van Keulen
Representation D Gilbert (in person) ; AM McInally
Location Christchurch
Parties Gilbert v E Tu Inc (formerly called NZ Amalgamated Engineering Printing & Manufactureing Union Inc)
Summary PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court on ground important question of law likely to arise – Whether Authority can refuse to issue witness summons
Abstract AUTHORITY FOUND -PRACTICE AND PROCEDURE: Employment Relations Act 2000 states that Authority may issue summons and may take into account evidence that in equity and good conscience thinks fit. Authority can follow whatever procedure appropriate. Application for removal dismissed.
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Statutes ERA s4 ; ERA s160 ; ERA s160(2A) ; ERA s160(2A)(2) ; ERA s178 ; ERA s178(2) ; ERA Second Schedule cl5(1)
Number of Pages 6
PDF File Link: 2016_NZERA_Christchurch_174.pdf [pdf 104 KB]