| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 94/08 |
| Determination date | 11 July 2008 |
| Member | G J Wood |
| Representation | G Dewar ; P Churchman, K Johnston |
| Location | Wellington |
| Parties | Musa v Whanganui District Health Board and Anor |
| Other Parties | Solomon |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant claimed first respondent breached settlement agreement through actions of second respondent - Second respondent member of first respondent - All parties agreed important question of law and neither respondent opposed removal to Employment Court - Question of law was whether first respondent vicariously liable to applicant for actions of second respondent where second respondent not authorised to act on behalf of first respondent and did not purport to do so - Question not directly considered by either Authority or Court before - Important question as could apply to all bodies governed by a Board - Issues of mediation, cross-claim by second respondent and non-publication orders could be dealt with by Court - No other factors mitigated in favour of Authority dealing with issue at first instance - Matter removed to Employment Court |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a) |
| Number of Pages | 2 |
| PDF File Link: | wa 94_08.pdf [pdf 14 KB] |