Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 31/09
Determination date 19 March 2009
Member D Asher
Representation P Cranney ; H Kynaston
Location Wellington
Parties Robinson v Capital and Coast District Health Board
Summary PRACTICE AND PROCEDURE – Joint application for removal to Employment Court – What leave applicant and others entitled to after 7 years service question sought to be removed – Parties argued EC already had similar proceedings before it, had already decided similar issue, and in all circumstances appropriate matter be removed – Authority satisfied important question of law – Found similar proceeding already before EC – Found in all circumstances grounds for removal strongly made out – Matter removed to EC
Result Application granted ; Matter removed to Court ; Costs reserved
Main Category Practice & Procedure
Statutes ERA s178;ERA s178(2);ERA s178(2)(c);Holidays Act 2003
Cases Cited New Zealand Tramways and Public Transport Employees Union Inc & Anor v Transportation Auckland Corporation Ltd & Anor [2008] ERNZ 584;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;Cocks v Foote Cone & Belding Ltd [1994] 1 ERNZ 180
Number of Pages 4
PDF File Link: wa 31_09.pdf [pdf 17 KB]