| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 178/06 |
| Hearing date | 14 Dec 2006 |
| Determination date | 19 December 2006 |
| Member | P Cheyne |
| Representation | K Castiglione ; D Sim |
| Location | Christchurch |
| Parties | Infinity Investment Group Holdings Ltd v Walker & Ors |
| Other Parties | McKenzie & Grant as Trustees of Pinot Trust & Walker (Second respondent) |
| Summary | PRACTICE AND PROCEDURE – JURISDICTION - Application for removal to Employment Court – Applicant commenced proceedings against respondents in District Court to recover under loan agreement – Respondents claimed matter employment relationship problem within exclusive jurisdiction of Authority - Second respondent alleged loan part of employment agreement with applicant - Both parties submitted important questions of law likely to arise – Authority found questions of law incidental – Matter required inquiry into meaning of written terms in letter of employment, and whether parties agreed to amend terms with loan agreement – Factual inquiry together with dispute as defined in Employment Relations Act 2000 – No important question of law arising other than incidentally – No public interest issues or related proceedings already before Court – Parties submitted large sum in dispute, difficult credibility issues, and tax and accounting issues meant in circumstances Court should determine matter – Joint application most telling factor – However, Authority not persuaded ordinary dispute resolution process provided by Parliament should not be applied – Application for removal declined |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s178(2);ERA s178(2)(a);ERA s178(2)(d) |
| Number of Pages | 2 |
| PDF File Link: | ca 178_06.pdf [pdf 21 KB] |