| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 98/04 |
| Hearing date | 2 Aug 2004 |
| Determination date | 04 August 2004 |
| Member | D Asher |
| Representation | P Cranney ; G Davenport |
| Location | Wellington |
| Parties | New Zealand Professional Firefighters Union v the Chief Executive New Zealand Fire Service |
| Summary | PRACTICE AND PROCEDURE - Competing applications for strike out and for removal to Employment Court - Employment relationship problem involved allegation by applicant that respondent failed to comply with obligations arising out of Holidays Act 2003 - Issue over what impact if any passage of Holidays Act 2003 had on Small and 487 Ors v the New Zealand Fire Service Commission - Important question of law - Case of such nature and urgency that in public interest to remove immediately to Court - Parties had troubled history - Parties' estimates of cost of issue between them significant - Apparent complexity of issues being argued - Protracted litigation almost certain - Satisfied in all circumstances that Court should determine matter - All matters, including respondent's strike out application, removed to Employment Court |
| Result | Application granted ; Matters removed to Employment Court ; Costs reserved |
| Statutes | ERA s3;ERA s178;ERA s178(2)(b);ERA s178(2)(d);Holidays Act 2003 s40(1);Holidays Act 2003 s56 |
| Cases Cited | AMI Insurance v Finsec Incorporated [2003] 1 ERNZ 1;New Brunswick Rail Company v British and French Trust Corporation Ltd [1939] AC 1;Small and 487 Ors v the New Zealand Fire Service Commission unreported, Travis J, 17 May 1996, AEC 21/96 |
| Number of Pages | 6 |
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