| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2/06 |
| Determination date | 11 January 2006 |
| Member | G J Wood;G J Wood |
| Representation | J Carter ; C Inglis |
| Location | Wellington |
| Parties | Carter v The Treasury |
| Summary | PRACTICE AND PROCEDURE - JURISDICTION - Applicant sought to have problem between him and respondent referred to mediation - In 1994 High Court had found applicant was wrongfully dismissed in 1984 from position with Post Office but did not order reinstatement - Accordingly no employment relationship between applicant and respondent (which took over responsibilities of Post Office) existed - Respondent believed it had come to agreement with applicant about remedies, involving an apology, but applicant did not agree with respondent's assessment and sought mediation - Employment relationship problems must relate to employment relationships that existed after 2 October 2000 - No jurisdiction to investigate and determine application - Applicant had implicitly acknowledged this but had declined to withdraw application - Given lack of jurisdiction would not be in interest of justice to refer application to mediation - Authority had previously declined applicant's application that Crown Law pay his legal expenses for current proceedings and applicant had applied for that determination to be reopened - Applicant alleged that determination now without jurisdiction and invalid, and sought refund of application fee for reopening investigation - Authority had jurisdiction to determine applications of ancillary nature to application already before it and therefore no grounds to hold that previous determination without jurisdiction or invalid - No jurisdiction to make order of refund |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA Second Schedule cl14 |
| Cases Cited | BDM Grange Ltd v Parker [2005] 1 ERNZ 343;Carter v Attorney-General unreported, Ellis J, 24 November 1994, CP 781/87 |
| Number of Pages | 4 |
| PDF File Link: | wa 2_06.pdf [pdf 20 KB] |