Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2017] NZERA Auckland 372
Determination date 04 December 2017
Member N Craig
Representation A Dumbleton ; S Clews
Location Auckland
Parties Labour Inspector v Prabh Ltd
Summary PRACTICE AND PROCEDURE – Applicant sought removal of claims to Employment Court (“EC”) on ground EC has before it proceedings which are between the same parties and involve the same or similar or related issues
Abstract AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Statement of Claim from Court proceedings dealt with same employment relationships as Authority case. Removal avoided possibility of Authority and Court both determining whether there were breaches of Minimum Wage Act 1983 and Holidays Act 2003 which occurred in same employment relationships. Matter removed to EC.
Result Application granted ; No order for costs
Main Category Practice & Procedure
Statutes ERA Part 9A;ERA s135;ERA s178;ERA s178(1);ERA s178(2)(c);ERA s178(2)(d);ERA Part 9A;Holidays Act 2003;Minimum Wage Act 1983
Number of Pages 3
PDF File Link: 2017_NZERA_Auckland_372.pdf [pdf 83 KB]