| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 300 |
| Determination date | 29 September 2017 |
| Member | R Larmer |
| Representation | T Drake ; G Service & C Baldock (1st, 2nd & 3rd Resp), no appearance (4th Resp) |
| Location | Auckland |
| Parties | Kazemi v Rightway Ltd & Ors |
| Other Parties | Read, Sheehan, Jhinku |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal to Employment Court (“EC”) on grounds that important question of law likely to arise and matter of such nature and urgency that in public interest for matter to be removed – Business Partner |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Four questions presented were a mixture of fact and law which could be determined by the Authority. No urgency or public interest to warrant removal. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s162;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d);Illegal Contracts Act 1970;Wages Protection Act 1983 |
| Cases Cited | A Labour Inspector of the Ministry of Business, Innovation and Employment v Tech 5 Recruitment Ltd [2016] NZEmpC 167;Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);Holman v CTC Aviation Training (NZ) Ltd [2017] NZEmpC 60;McAlister v Air New Zealand Ltd EmpC Auckland AC22/02, 11 May 2005 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Auckland_300.pdf [pdf 41 KB] |