| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 235C/03 |
| Determination date | 05 November 2003 |
| Member | R A Monaghan |
| Representation | K Thompson ; TK Williams |
| Location | Auckland |
| Parties | Ashfield v Xclamation Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged constructive dismissal and counterclaim for breach of contract - Alleged Authority's remedies limited to penalty for breach of contract - Alleged issue estoppel - Matter already before Employment Court - Whether Authority had jurisdiction to inquiry into damages - Authority's remedies not limited to penalty - Overlap of evidence for Authority investigation and Court hearing likely to be minor - Issue before Court different to that before Authority - No issue estoppel - Jurisdiction of claim lay with Authority not Court - Court jurisdiction did not include originating applications for breach of contract - No grounds for removal - Additional matters - Disadvantage grievance raised with Authority - Whether raised with employer - More evidence needed on disadvantage grievance - Parties to file and serve memorandum |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s99;ERA s135(2);ERA s161;ERA s162;ERA s178(2)(c);ERA s187(1)(e);ERA s187(1)(h) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |