| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 3/07 |
| Hearing date | 13 Dec 2006 |
| Determination date | 22 January 2007 |
| Member | H Doyle |
| Representation | W Chew, R Chew ; S Rowe |
| Location | Christchurch |
| Parties | Chew v Trinity Systems Ltd |
| Summary | PRACTICE AND PROCEDURE – JURISDICTION - Application to strike out paragraphs in statement of problem – Respondent argued paragraphs concerned parties not involved in proceedings or involved requests outside Authority’s jurisdiction e.g. setting terms and conditions of employment – Applicant argued no specific provision under Employment Relations Act 2000 (ERA") to bring application to strike out – Authority satisfied it had jurisdiction to consider application under s221 ERA – Not appropriate to lift corporate veil – Some paragraphs could only be considered if third party joined to proceedings or claims reframed to relate to respondent – Other paragraphs to be reframed in terms of remedies for unfair bargaining as Authority could not set terms and conditions of employment - Applicant given opportunity to amend statement of problem - IT Systems Engineer" |
| Result | Application granted in part ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1A)(c);ERA s65(d);ERA s68;ERA s68(1)(b)(i);ERA s68(1)(b)(ii);ERA s68(2)(b);ERA s68(2)(d);ERA s69;ERA s69(1)(a);ERA s69M;ERA s101d;ERA s104;ERA s105;ERA s123(c)(ii);ERA s134(2);ERA s161;ERA s161(1)(d);ERA s161(1)(f);ERA s161(2);ERA s161(2)(ca);ERA s161(2)(cb);ERA s161(2)(d);ERA s161(2)(da);ERA s161(2)(f);ERA s164;ERA s221 |
| Cases Cited | Asure New Zealand Ltd v New Zealand Public Service Association and Ors [2005] 1 ERNZ 747;Savill & Anor v Chase Holdings (Wellington) Ltd & Anor [1989] 1 NZLR 257 (CA) : (1988) 4 NZCLC 64,574;Square 1 Service Group v Butler [1994] 1 ERNZ 667 |
| Number of Pages | 8 |
| PDF File Link: | ca 3_07.pdf [pdf 102 KB] |