| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 117A/08 |
| Determination date | 24 October 2008 |
| Member | G J Wood |
| Representation | P Cranney ; M Quigg |
| Location | Wellington |
| Parties | Dickson v Idea Services Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - In determination WA 117/08 Authority found applicant’s sleepovers constituted work and therefore applicant should have been paid accordingly - Parties had agreed that if respondent found liable, issue of quantum to be determined subsequently - Respondent challenged determination on liability - Parties agreed issue of quantum should now also be removed to Court - Determination of liability by Court will be a condition precedent to determination of quantum by Authority - Authority possibly better placed to undertake investigation into calculation of pay than Court - However, difficult questions of law could arise in determining quantum - Removing matter would allow Court to consider matter as a whole - Mitigating factors insufficient to outweigh factors in favour of removal - Authority ordered removal to Court of those parts of employment relationship problem not already subject to challenge in Court |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;Minimum Wage Act 1983 |
| Number of Pages | 2 |
| PDF File Link: | wa 117a_08.pdf [pdf 13 KB] |