| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38/03 |
| Determination date | 18 March 2003 |
| Member | G J Wood |
| Representation | A Russell ; T Vogel |
| Location | Wellington |
| Parties | Archive Security Ltd v King |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Whether important question of law - Extent of employer's ability to bring counterclaim against dismissed employee who had already brought personal grievance - Extent of employer's ability to recover damages and penalty against employee dismissed for repudiating employment agreement - Important questions in regard to the extent" component - Possible delay caused by removal weighed against greater certainty in outcome - In interests of justice that Court determine counterclaim - Personal grievance claim also removed - Similar and related issues" |
| Result | Application granted ; Proceedings removed to Employment Court ; No order for costs |
| Statutes | ERA s4;ERA s135;ERA s162;ERA s177;ERA s178;ERA s178(2)(a);ERA s178(2)(c) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |