| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 189 |
| Determination date | 06 November 2017 |
| Member | C Hickey |
| Location | Christchurch |
| Parties | First Union Inc. v Jacks Hardware and Timber Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of fixing application to Employment Court on grounds important question of law are likely to arise |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Whether evidence of what was said at facilitation is admissible in proceedings is not a question of law but of procedure. Treating admissibility as a question of law is unduly technical and will delay matters unnecessarily. Whether there are any limitations on that evidence, if admissible, or whether inadmissibility of evidence can be waived are not questions of law. Application for removal dismissed. |
| Result | Application dismissed ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s32;ERA s33;ERA s33(2);ERA s50C;ERA s50C(1)(a)(i);ERA s 50F;ERA s50F(1);ERA s 50J;ERA s177;ERA s178 |
| Cases Cited | First Union Incorporated v Jacks Hardware [2015] NZEmpC 142;First Union Incorporated v Jacks Hardware [2015] NZEmpC 230 |
| Number of Pages | 15 |
| PDF File Link: | 2017_NZERA_Christchurch_189.pdf [pdf 136 KB] |