| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 282/07 |
| Hearing date | 10 Aug 2007 |
| Determination date | 11 September 2007 |
| Member | R A Monaghan |
| Representation | B Moore ; J Latimer & R Poole |
| Location | Auckland |
| Parties | Kapua v Te Hauora O Te Hiku O Te Ika Trust & Anor |
| Other Parties | Northland District Health Board |
| Summary | PRACTICE AND PROCEDURE – Application to strike out party – Applicant brought personal grievance against both respondents – Respondents claimed first respondent employer – Applicant and first respondent parties to written employment agreement – Applicant and second respondent party to agreement under New Zealand Public Health and Disability Act 2000 enabling her to use its maternity facilities to care for her clients – Agreement stated no employment relationship – Applicant argued sufficient proximity between her and second respondent for matter to be brought within jurisdiction of Authority – Submission appeared to be based on fact second respondent suspended applicant’s access – Argued suspension directly affected employment with first respondent and related to employment relationship – No employment relationship between applicant and second respondent – Authority could not address merits of positions in respect of any problems arising between parties – Second respondent to be struck out as a party – COSTS – Second respondent sought costs – Applicant indicated unlikely to be in position to pay costs – Directed to advise Authority if seeking legal aid - Manager |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s161(1)(r);New Zealand Public Health and Disability Act 2000 s88 |
| Number of Pages | 5 |
| PDF File Link: | aa 282_07.pdf [pdf 20 KB] |