| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 160/07 |
| Hearing date | 13 Dec 2007 |
| Determination date | 21 December 2007 |
| Member | P Montgomery |
| Representation | P Cranney ; G Jones, A Shakespeare |
| Location | Christchurch |
| Parties | Stewart v Vice Chancellor of Lincoln University |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Opposed by respondent - As result of evidence lodged by respondent’s witnesses, applicant added five causes of action to original claim - Submitted additional claims gave rise to important questions of law other than incidentally - Sought removal to Employment Court - Issue regarding standard of proof when serious allegations made against employee could give rise to issue of law with substantial bearing on matter - Both parties had high profile and high public interest in matter - Longer hearing than one presently set down required due to additional claims - Removal appropriate in circumstances - Matter removed to Court |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(b);ERA s4(1A)(b);ERA s4(1A)(c);ERA s123(1)(c);New Zealand Bill of Rights Act 1990 |
| Cases Cited | Wanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 4 |
| PDF File Link: | ca 160_07.pdf [pdf 26 KB] |