| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 227/07 |
| Hearing date | 1 Aug 2007 |
| Determination date | 01 August 2007 |
| Member | R A Monaghan |
| Representation | R Wallis v R Towner |
| Location | Auckland |
| Parties | Tobin & Anor v Stayinfront Inc. & Ors |
| Other Parties | Skinner ; Great Elk Company Inc., Stayinfront (Asia Pacific) Ltd formerly The Great Elk Company Ltd, Splashnet Inc. |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Authority previously concluded claims covered by final and binding settlements - Employment Court, and Court of Appeal, restricted challenge to this preliminary question - Applicants subsequently sought removal of matter to Employment Court - Primary focus of argument was that merits of grievances overlapped with issue of whether final and binding settlements reached - However, applicants had not raised personal grievances for two years - Respondent argued no matter involving applicants currently before Authority capable of being removed to Court - Applicants argued express or implied waiver by respondent of any reliance on s114 Employment Relations Act 2000 - Alternatively argued procedural estoppel prevented them raising point now - Need to apply for leave to raise grievance pointed out to applicants' previous advocate - No waiver or estoppel regarding requirement that leave to raise grievances be sought and granted - Leave not sought or granted - No grievances properly before Authority and nothing to remove to Court - Also, no application for leave filed in Court - Could not be said Court had before it proceedings between same parties as no grievance properly before any institution - Court in Abernethy v Dynea New Zealand Limited (cited below) expressly distinguished present case - Application for removal declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s114;ERA s114(3);ERA s178(1);ERA s178(2);ERA s178(2)(c);ERA s178(2)(d);ERA s179 |
| Cases Cited | Abernethy v Dynea New Zealand Limited [2007] ERNZ 271;Skinner v Stayinfront Inc unreported, Shaw J, 8 December 2006, AC 70/06;Skinner v Stayinfront Inc [2007] NZCA 154 |
| Number of Pages | 4 |
| PDF File Link: | aa 227_07.pdf [pdf 25 KB] |