| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 261B/08 |
| Determination date | 15 December 2008 |
| Member | D King |
| Representation | P Bartlett ; M Beech, S Grace |
| Location | Auckland |
| Parties | Breeze v Bay of Plenty District Health Board |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority determined one aspect of parties’ dispute in determination AA 261A/08 – Respondent challenged determination – Respondent argued remaining issues not dealt with in determination AA 261A/08 should be removed and consolidated into single hearing before EC – Applicant consented to removal subject to imposition of two conditions: reinstatement of salary pending outcome of EC proceedings, and respondent use best endeavours to cooperate in obtaining earliest practicable hearing date – Authority found not appropriate to impose conditions sought – Found EC had before it proceedings between same parties involving similar or related issues – Found desirable that proceedings be disposed of together – Matter removed to EC - COSTS – Applicant sought $4,500 contribution to actual costs of $12,500 plus GST – Costs only to apply to determination AA 261A/08 – Authority found had power to alter or vary any costs order, including costs awarded in earlier determination – Found costs normally follow event and sum sought reasonable – Applicant entitled to $4,500 contribution to costs, plus filing fee |
| Result | Application granted ; Matter removed to Employment Court ; Costs in favour of applicant ($4,500) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c);ERA s178(4);ERA Schedule 2 cl15(2) |
| Number of Pages | 4 |
| PDF File Link: | aa 261b_08.pdf [pdf 26 KB] |