| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 96/09 |
| Hearing date | 30 Mar 2009 |
| Determination date | 30 March 2009 |
| Member | D King |
| Representation | C Meechan ; S Cook |
| Location | Auckland |
| Parties | Diagnostic Services Medlab Ltd v Lloydd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Respondent sought removal under s178(2)(a) and s178(2)(b) Employment Relations Act 2000 - Respondent claimed important questions of law were whether despite express provision garden leave could amount to unreasonable or unlawful restraint; whether could be held to be unenforceable; and whether could give rise to breach of good faith where employer failed to consult - Respondent claimed matter of such nature and urgency was in public interest be removed to EC - Claimed respondent’s notice period ending soon; case raised novel issues that were of broader public interest; and Authority determination likely to be challenged - Applicant opposed removal - Applicant claimed no important question of law raised - Claimed unique factual matrix would render any decision of limited precedent value - Claimed issue not novel - Authority found matter involved interpretation of employment agreement, assessment of validity of restraint of trade and consideration of application of good faith - Found no important question of law arose - Authority found while matter urgent as far as respondent concerned hearing could be accommodated shortly in Authority - Found matter turned on particular factual matrix and difficult to see how public interest arose - Application for removal to EC declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);ERA s178(2)(b) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;Ogilvy v Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 58;Rank Xerox New Zealand Ltd v UBIX Copiers (NZ) Ltd and Morton, unreported, Barker J, High Court, Auckland, 20 Dec 1985, A1407/85 |
| Number of Pages | 5 |
| PDF File Link: | aa 96_09.pdf [pdf 28 KB] |