| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 98/05 |
| Hearing date | 21 Mar 2005 |
| Determination date | 22 March 2005 |
| Member | L Robinson |
| Representation | S Mitchell ; S Dench |
| Location | Auckland |
| Parties | Pyne v ASB Bank Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Alleged constructive dismissal and other personal grievances - Alleged important question of law whether respondent breached ss 9 and 13 Fair Trading Act 1986 (FTA") - Alleged urgency and public interest as public needed to know if unlawful conduct by major trading bank taking place - Alleged applicant forced to provide disclosure statement to clients which did not adequately disclose commission rates - Whether respondent breached FTA was a factual enquiry - Even if question of law it was incidental to Authority's overall enquiry - Interests arising out of alleged breaches of FTA to be pursued in other forums and legal institutions - No public interest in applicant's employment relationship problem - Removal declined - Order made by consent regulating applicant's use and disclosure of documentary information - Investment advisor" |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Statutes | Fair Trading Act 1986 s9;Fair Trading Act 1986 s13 |
| Number of Pages | 4 |
| PDF File Link: | aa 98_05.pdf [pdf 19 KB] |