| Summary |
PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicant’s employment relationship problem had two parts – First part, an unjustified disadvantage grievance, determined by Authority in respondent’s favour – Decision challenged by applicant and awaiting hearing – Second part of problem not clearly identified - Related to alleged obligation on respondent to renegotiate terms of employment at conclusion of first 30 days of employment, progression through pay scales, and arrears claim – Applicant sought removal on grounds Court already had before it proceedings between the parties involving the same or similar or related issues – Submission matters “similar” as related to same employment agreement rejected – Criteria in s178(2)(c) Employment Relations Act 2000 not met – Second part of problem had evolved over time and uncertain whether live jurisdictional issues – Authority unable to say important question “likely” to arise – However, taking into account all circumstances, including length of time since problem filed and indication from applicant any determination likely to be challenged, Authority considered final resolution of problem would be expedited if all aspects placed before one forum – Matter removed to Court - Several attached Authority Minutes detailed applicant's unsuccessful attempts to have matter suspended" or adjourned, and request Authority Member recuse herself" |