| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 61/03 |
| Hearing date | 14 May 2003 |
| Determination date | 28 May 2003 |
| Member | H Doyle |
| Representation | K Owen ; AA Couch |
| Location | Christchurch |
| Parties | Lagan v NZ Post Ltd |
| Summary | PRACTICE AND PROCEDURE - Application to strike out proceedings - Unjustified dismissal - Proceedings voluntarily withdrawn from Employment Tribunal but later recommenced - Strike out application in relation to recommenced Tribunal proceedings removed from Tribunal to Employment Court - Court referred proceedings to Employment Relations Authority - Unable to recommence in Tribunal - Section 248(4) Employment Relations Act 2000 - Proceedings subject to limitation period in s114(6) ERA - Proceedings brought out of time - Proceedings struck out |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s113(1);ERA s114(6);ERA s247;ERA s248;ERA s248(1);ERA s248(4);ERA s248(4)(b);Interpretation Act 1999 s17;Interpretation Act 1999 s18;Limitation Act 1950 s4 |
| Cases Cited | Jack v Attorney-General in respect of the Department for Courts [2002] 1 ERNZ 720 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |