Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 340/03
Hearing date 5 Nov 2003
Determination date 11 November 2003
Member A Dumbleton
Representation J Latimer, B Smurthwaite ; P Davey
Location Auckland
Parties Jackel (NZ) Ltd v Ireland
Summary PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Applicant sought damages for alleged breach of employment agreement - Respondent alleged unjustified dismissal - No real or important questions about legal principles to be applied - No reason why case unsuited to Authority - Legal principles relating to assessment of damages well established - Large claim for damages not a question of law - Circumstances of case not such that should be removed - Removal declined
Result Application dismissed ; Costs reserved
Statutes ERA s3(a);ERA s143;ERA s157;ERA s157(2);ERA s178;ERA s178(2)
Cases Cited Benchmark Building Supplies v Francis unreported, WRC Gardiner, 13 August 2002, AA 235/02;McElroy Milne v Commercial Electronics Ltd [1993] 1 NZLR 39;Walden v Barrance [1996] 2 ERNZ 598
Number of Pages 5
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