| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 387 |
| Determination date | 14 December 2017 |
| Member | A Fitzgibbon |
| Representation | R Harrison ; R Lovett |
| Location | Auckland |
| Parties | Fernandez v Rappongi Excursions Ltd t/a Denny's Restaurants |
| Summary | PRACTICE AND PROCEDURE – Authority considered removal of matter to Employment Court (“EC”) on ground in all circumstances matter should be determined by EC |
| Abstract | AUTHORITY FOUND –; PRACTICE AND PROCEDURE: Dispute arose in context of sub-franchise negotiations between parties. Dispute more appropriately dealt with by EC. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(1);Interpretation Act 1999 s5 |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);Johnston v The Fletcher Construction Company Ltd [2017] NZEmpC 157 |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_387.pdf [pdf 165 KB] |