| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 171A/05 |
| Hearing date | 7 Jun 2005 |
| Determination date | 10 June 2005 |
| Member | D King |
| Representation | B Banks ; P Swarbrick |
| Location | Auckland |
| Parties | Auckland District Health Board v X |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court by ADHB – Alleged important question of law – Interpretation of new justification test in s 103A ERA – Issue complicated by fact Authority had already heard and determined interim reinstatement application so had arguably already started to hear matter – Substantive reason for dismissal that Mr X’s actions had irreparably destroyed ADHB’s trust and confidence in him – Assessment of whether question of law “likely to arise” – Not found that was likely that would need to consider justifiability test – Whether appropriate case to use discretion to transfer proceedings – Accepted submission that s143(fa) Employment Relations Act 2000 as inserted by Amendment Act further reinforced legislative intent that Authority should deal with matters before it in entirety before higher court exercised its jurisdiction – Referral of question of law raised by Mr X was a valid and necessary consideration – Fact that referral possible weighed against removal of matter - Declined to remove matter to Court |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s103A;ERA s143(fa);ERA s178(1);ERA s178(2);ERA s178(2)(a) |
| Cases Cited | David v A E Tilley Ltd [2001] ERNZ 93;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;McAlister v Air New Zealand Ltd unreported, Shaw J, 11 May 2005, AC 22/05;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 5 |
| PDF File Link: | aa 171a_05.pdf [pdf 27 KB] |