| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2018] NZERA Auckland 29 |
| Determination date | 30 January 2018 |
| Member | R Arthur |
| Representation | J Latimer ; A Thorn |
| Location | Auckland |
| Parties | Kelland v Megan Jaffe Real Estate Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court (“EC”) on grounds important question of law likely to arise and in all circumstances matter should be determined by EC |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: Respondent’s first alleged question of law premature and would not arise once determination on preliminary jurisdictional issue. Second alleged question of law confined to circumstances of applicant. No real question about what legal tests mean or how they should be applied. Questions of fact were decisive. No important questions of law warrant removal. No circumstances advanced by respondent sufficiently compelling to warrant removal. Application for removal declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | Arbitration Act 1996 ; ERA s6 ; ERA s6(2) ; ERA s6(3) ; ERA s6(4) ; ERA s65(2)(a)(vi) ; ERA s102 ; ERA s174E ; ERA s178(2) ; ERA s178(2)(a) ; ERA s178(2)(d) ; ERA s238 ; Real Estate Agents Act 2008 s51 ; Real Estate Agents Act 2008 s51(2) |
| Cases Cited | Centre for Advanced Medicine Ltd v Sprott EmpC Auckland AC20/05, 10 May 2005 Gibbs v City Sales Ltd [2013] NZERA Auckland 390 Kumandan v Eastzone Realty Ltd [2011] NZERA Auckland 135 Kumara Hotel Ltd v McSherry [2017] NZEmpC 19 Li v Dependable Property Management Ltd [2015] NZERA Auckland 224 Pollett v Browns Real Estate Ltd [2011] NZEmpC 116 Regional Facilities Auckland v Northern Amalgamated Workers Union Inc [2018] NZERA Auckland 125 Singh v Eric James & Associates Ltd [2010] NZEmpC 1 Smith v Mark Stevenson First National Real Estate Ltd [2016] NZERA Christchurch 45 Yang v L E Builders Ltd [2012] NZEmpC 185, (2012) 10 NZELR 439 |
| Number of Pages | 13 |
| PDF File Link: | 2018_NZERA_Auckland_29.pdf [pdf 72 KB] |