| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 64/08 |
| Hearing date | 2 May 2008 |
| Determination date | 12 May 2008 |
| Member | P Cheyne |
| Representation | P Anderson ; R Brazil |
| Location | Christchurch |
| Parties | Ryan Security and Consulting Otago Ltd v Bolton and Ors |
| Other Parties | Up Front Security Ltd, Lipika Ltd t/a The Toast Bar |
| Summary | APPLICATION FOR REMOVAL TO EMPLOYMENT COURT - In earlier determination Authority issued interim injunction against first respondent - Applicant sought declaration first respondent in contempt of Authority for failure to comply with interim injunction - Sought imposition of fine and order for costs - Situation did not come within express words of s196 Employment Relations Act 2000 (ERA") - Case law unclear as to Authority’s power - Followed that central issue in matter was question of law about Authority’s power to punish for contempt not within express words of s196 ERA - Important question of law which should be heard by Employment Court - Other outstanding issues should also be removed to Court and dealt with at same time - Counsel for parties agreed with removal - Matter to be removed to Employment Court" |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s196 |
| Cases Cited | Attorney-General v Reid [2000] ERNZ 258;Credit Consultants Debt Services v Wilson (No 2) [2007] ERNZ 205;NZ Railways Corp v NZ Seamen's IUOW (1989) ERNZ Sel Cas 321;Quality Pizzas Ltd v Canterbury Hotel Employees Industrial Union [1983] NZLR 612 |
| Number of Pages | 2 |
| PDF File Link: | ca 64_08.pdf [pdf 17 KB] |