| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 62/04 |
| Determination date | 24 February 2004 |
| Member | A Dumbleton |
| Representation | B Johns ; SJ Neville |
| Location | Auckland |
| Parties | Davis v Portage Licensing Trust |
| Summary | PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Related proceedings already commenced in Court regarding breach of contract - Precarious as to whether case should have commenced at Court since found to be under Employment Relations Act 2000 - Applicant should not have been able to commence proceedings in Court which did not lie in Court then use as leverage for removal - Alleged important question of law whether dismissal took place under Employment Contracts Act 1991 or ERA - Not important question of law - Alleged in public interest to remove matter - No indication of urgency - Application to remove granted under s178(2)(d) ERA since Authority of opinion that Court should hear and determine entire matter - Court had already spent three days hearing on matter - Matter removed to Court |
| Result | Application granted; Matter removed to Employment Court ; No order for costs |
| Statutes | ERA s113(1);ERA s161(10(b);ERA s178;ERA s178(2)(c) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |