| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 71/05 |
| Hearing date | 21 Feb 2005 |
| Determination date | 25 February 2005 |
| Member | M Urlich |
| Representation | P Tremewan ; G Curry |
| Location | Auckland |
| Parties | Sprott v Centre for Advanced Medicine Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant alleged dismissal for serious misconduct unjustified - Respondent applied for matter to be removed - Alleged important question of law: whether employment relationship was at an end when Chief Executive Officer and Director had lost confidence of Chairman of Board, Board of Directors and shareholders - Applicant opposed removal - Circumstances of dismissal not different from those routinely dealt with by Authority - Employment Relations Act 2000 made no distinction between employees on basis of position, responsibility or remuneration - Removal declined - Chief Executive Officer |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s157(1);ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 |
| Number of Pages | 3 |
| PDF File Link: | aa 71_05.pdf [pdf 19 KB] |