| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 119 |
| Determination date | 29 September 2016 |
| Member | M Loftus |
| Representation | P Cranney ; R Schmidt-McCleave |
| Location | Wellington |
| Parties | New Zealand Education Institute Te Riu Roa v Secretary for Education |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on grounds EC already had before it proceedings between same parties involving same or similar issues, matter of such nature and urgency that in public interest matter be removed and in all circumstances matter should be determined by EC |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Matter urgent but parties failed to explain why in public interest to have EC hear it. Same or similar proceedings not necessarily already before EC since possibility no jurisdiction for EC to hear matter. Need for expediency and serious prospect of challenge to any Authority decision. Appropriate to remove matter in all circumstances. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | New Zealand Educational Institute Te Riu Roa v Secretary for Education [2016] NZERA Wellington 50;Secretary for Education v New Zealand Educational Institute Te Riu Roa [2016] NZEmpC 100;Vice-Chancellor of Lincoln University v Stewart (No 2) [2008] ERNZ 249 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Wellington_119.pdf [pdf 151 KB] |