| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 141A/05 |
| Hearing date | 11 Nov 2005 |
| Determination date | 23 November 2005 |
| Member | L Robinson |
| Representation | P Mills ; A Fitzgibbon |
| Location | Auckland |
| Parties | MacDonald and Anor v Q-Med (Sweden) Australia Pty Ltd and Anor |
| Other Parties | Q-Med (Sweden) Australia Pty Ltd, MacDonald |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Personal grievance and counterclaim for alleged monies owing - Applicant alleged deed of release signed was capable of conclusion that half of monies owing were forgiven - Distinction between question of law and question of fact explained - Alleged application of s103A important question of law - Court likely to provide definitive guidance shortly having heard matter applying new test - Therefore question not decisive of application - Alleged that careful analysis of applicant's terms of contract and New Zealand law as it applied to his case were important issues of law - Those were enquiries Authority undertook daily and was nothing complicated about them - Enquiry relating to operation and interpretation of Deed of Release according to the application of New South Wales law and whether applicant was consequently partially relieved of liability and wrongdoing by virtue of it, was an important question of law under s178(2)(a) Employment Relations Act 2000 - In event that legal principles misinterpreted also opinion of Authority that pursuant to s178(2)(d) ERA in all circumstances Court should determine matters - Would need to be scrupulous enquiry of substantial documentation in form of quantitative analysis - Application of New South Wales law to the deed of settlement was also required - Those matters were intrinsically linked to questions relating to the justifiability of respondent's actions - Likelihood of challenge also relevant - Matter removed to Employment Court - Business Development Director |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA s178;ERA s178(2)(a);ERA s178(2)(d);Employment Relations Amendment Act (No 2) 2004 s58 |
| Cases Cited | Auckland District Health Board v X [2005] 1 ERNZ 551;Centre for Advanced Medicine Ltd v Sprott unreported, Shaw J, 10 May 2005, AC 20/05;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;Moore v Musashi Pty Ltd unreported, YS Oldfield, 12 March 2001, AA 17/01;Musashi Pty Ltd v Moore [2002] 1 ERNZ 203 |
| Number of Pages | 7 |
| PDF File Link: | aa 141a_05.pdf [pdf 558 KB] |