| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 16/08 |
| Hearing date | 13 Dec 2007 |
| Determination date | 22 January 2008 |
| Member | M Urlich |
| Representation | K Toogood ; S Wilson |
| Location | Auckland |
| Parties | Ogilvy New Zealand Ltd v Watkins |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicant sought rectification and/or variation of parties’ employment agreement under common law or Contractual Mistakes Act 1977 – Investigation delayed by related District Court proceedings – Applicant claimed important question of law likely to arise relating to application of principles of rectification in respect of terminated individual employment agreement - Submitted in all circumstances Court should determine matter – Respondent opposed removal – Contended question of law not important and application of principles settled – Submitted if matter removed would have no right of challenge except on questions of law – Rectification of expired collective employment agreement considered by Court, but no authority for individual employment agreements – Issue central to applicant’s claim – Important question of law not incidental to matter – Matter removed to Court |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | Contractual Mistakes Act 1977;ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | NZ Engineering etc Union Inc v Babcock NZ Ltd [1997] ERNZ 82;Ranburn Rest Home Ltd t/a Ranburn Home & Hospital v Senora unreported, R A Monaghan, 29 March 2006, AA 95/06;Watkins v Ogilvy New Zealand Ltd unreported, Joyce J, 12 December 2007, CIV-2007-004-001798 |
| Number of Pages | 4 |
| PDF File Link: | aa 16_08.pdf [pdf 18 KB] |