| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 26/06 |
| Determination date | 17 February 2006 |
| Member | G J Wood;G J Wood |
| Representation | T Castle ; K Muir |
| Location | Wellington |
| Parties | Daly v Athlete Management International Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Employment relationship problem about alleged unjustified dismissal and dispute over whether employment relationship or independent contractor one - Alleged important question of law was nature of relationship between parties - Also submitted that applicant was an interested party in extant proceedings already before the Court which involved another previous employee of the respondent - Court had declined to join applicant as plaintiff to Court proceedings - Appropriate grounds for removal - Pursuant to s178(2)(d) Employment Relations Act 2000 Authority of opinion that in all circumstances Court should determine matter - Seriousness of issues between parties was factor supporting removal - Fact that Court also had proceedings involving similar or related issues before it was factor supporting removal - No opposition to removal and no particular factors supporting Authority dealing with matter at first instance |
| Result | Application granted ; Matter removed to Employment Court ; No order for costs |
| Statutes | ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | wa 26_06.pdf [pdf 14 KB] |