| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 149/07 |
| Determination date | 07 December 2007 |
| Member | P Montgomery |
| Representation | K Smith, S Rowe ; S Fairclough |
| Location | Christchurch |
| Parties | Macbeth v Cookie Time Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Primary question whether applicant employee or independent contractor – Parties submitted factual matrix complex and orders relating to discovery, including non-party discovery, best decided by Court – Also submitted level of quantum sought meant probable unsuccessful party would challenge any determination - Neither party opposed removal on basis would be deprived of right to challenge Authority determination – Case featured on 20/20 television programme and in public domain – “In all the circumstances” appropriate matter removed to Court |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2) |
| Number of Pages | 2 |
| PDF File Link: | ca 149_07.pdf [pdf 14 KB] |