| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 25/02 |
| Determination date | 08 April 2002 |
| Member | G J Wood |
| Representation | J Ablett-Kerr ; H Baynes |
| Location | Wellington |
| Parties | Grass v Commissioner of Police |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Constructive dismissal claim - Concurrent application for removal of disadvantage claim before Employment Tribunal - Alleged matters should be determined together before Court - Claimed complex issues of law in relation to powers and jurisdiction of Authority and Tribunal - Submitted likely conflicts between different procedures - Claimed use of counsels' first names at directions conference indicated Authority not sufficiently remote to determine matter - Appropriate that claims be heard contemporaneously by one judicial body - Appropriate to exercise power under s252 ERA to determine and complete matter in name of Tribunal - Removal contrary to Parliament's intention and employment law framework - Authority not compromised by use of first names - Matter to be dealt with by Authority at first instance |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s178;ERA s178(2)(d);ERA s252 |
| Cases Cited | Clemence v Southland Museum & Art Gallery Trust Board unreported, P Cheyne, 21 September 2001, CA 45/01;Moore v Commissioner of Police unreported, GJ Wood, 7 July 1999, WT 80/99;Spicer v Mount Timber Handling Ltd unreported, A Dumbleton, 24 January 2002, AA 12/02 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |