| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 312A/07 |
| Determination date | 31 October 2007 |
| Member | L Robinson |
| Representation | S Langton ; S Mitchell |
| Location | Auckland |
| Parties | F Fabbian Lighting (NZ) Ltd v La Cava & Anor |
| Other Parties | Melito Investments Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Preliminary issue determined by Authority challenged in Employment Court – Authority not persuaded question of law important or that arose other than incidentally – Steps taken material consideration as to whether Authority should exercise discretion of removal – Steps taken to date sufficiently advanced in investigation so as to preclude removal – However, preliminary determination subject of challenge in Employment Court involved “same or similar or related issues” to substantive investigation – Matter removed to Employment Court |
| Main Category | Practice & Procedure |
| Statutes | ERA s157(1);ERA s158(2);ERA s178(1);ERA s178(2) |
| Cases Cited | Abernethy v Dynea New Zealand Limited (2007) 4 NZELR 544;Auckland District Health Board v X (No 2) [2005] 1 ERNZ 551;McAlister v Air New Zealand Limited unreported, Shaw J, November 2008, AC 65/06, 24 November 2006;Rooney Earthmoving Limited v McTague [2007] ERNZ 356 |
| Number of Pages | 6 |
| PDF File Link: | aa 312a_07.pdf [pdf 28 KB] |