| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 314A/04 |
| Determination date | 27 September 2004 |
| Member | J Scott |
| Representation | C Luke ; B Quarrie |
| Location | Auckland |
| Parties | Sigley v Hauora Whanui Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for referral of question of law to Employment Court or removal of matter to Court - Alleged constructive dismissal - Alleged applicant forced to resign or risk serious health problems because of respondent's failure to maintain safe workplace - Applicant wished for evidence of medical practice manager to be treated as expert evidence - Authority expressed initial view witness' evidence was not expert evidence and unlikely to be helpful but would be admitted - Applicant applied to have question of law relating to witness' evidence referred to Court or have entire matter removed - No question of law - Authority set own procedure and took into account evidence it thought fit - Criteria for removal not met - Law on constructive dismissal well settled - More appropriate for applicant to let matter proceed knowing that challenge de novo available - Application added unnecessarily to costs - Service Coordinator |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s160;ERA s177;ERA s178 |
| Cases Cited | Attorney-General v Gilbert [2002] 1 ERNZ 31; [2002] 2 NZLR 342;Benge v Attorney-General [2000] 2 ERNZ 234;Brickell v Attorney-General [2000] 2 ERNZ 529;Cartwright v Commissioner of Police unreported, Travis J, 22 December 1999 AC 110/99;Commissioner of Police v Cartwright [2000] 2 ERNZ 106 ; [2001] 1 NZLR 265;Edmonds v Attorney-General for New Zealand [1998] 1 ERNZ 1;French v Chief Executive of the Department of Corrections [2002] 1 ERNZ 325;Gilbert v Attorney-General [2000] 1 ERNZ 332;Koia v the Attorney-General in respect of the Chief Executive of the Ministry of Justice [2004] 2 ERNZ 213 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |