| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 50/05 |
| Determination date | 12 April 2005 |
| Member | P Cheyne |
| Representation | P Cullen ; J Roberts |
| Location | Christchurch |
| Parties | Ferguson v Sounds of Forest Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court -Initiating party had commenced proceedings in Court for declaration that was employee - Had also commenced unjustified dismissal proceedings in Authority - Sought to remove Authority proceedings - First ground was alleged duplication of proceedings - Very little overlap - No merit to claim to remove proceedings - Alleged important question of law of contracts of and for service in forestry industry context and Authority's jurisdiction to award exemplary damages - No important question of law regarding independent contractor or employee question - Issue of exemplary damages would arise incidentally if at all - Alleged should use general power to remove to mitigate costs and accommodate logistical difficulties arising for parties/counsel/witnesses etc being in different locations - Applicant created duplication - Authority could just as easily accommodate logistical issues - Objects of Act best achieved by not removing case to Court - Further investigation by Authority to await Court's disposition of applicant's proceedings |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s3(a)(ii);ERA s3(a)(iv);ERA s6(5);ERA s142(g);ERA s178;ERA s178(2)(a);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Anderson v National Trade Manual Ltd & Anor, unreported, RA Monaghan, 1 August 2003, AA 236/03;Three Foot Six Limited v Bryson [2004] 2 ERNZ 97 |
| Number of Pages | 4 |
| PDF File Link: | ca 50_05.pdf [pdf 23 KB] |