| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 158/09 |
| Determination date | 19 May 2009 |
| Member | R A Monaghan |
| Representation | C Patterson ; R Towner |
| Location | Auckland |
| Parties | Remmelzwaal v Crane Distribution New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties applied by consent for removal to EC - Applicant claimed unjustifiably dismissed prior to end of fixed term employment agreement (“EA”) and not paid for balance of term – Also claimed respondent breached agreement by failing to review position three months before expiry of term – Respondent argued EA contemplated termination for good cause prior to expiry of fixed term and that dismissal justified – Question for removal whether respondent breached contract when terminated fixed term agreement on basis of redundancy, where respondent complied with provision in EA of general right of termination on notice – Parties submitted question important in immediate context due to large sums involved and because fixed term agreements often of similar “hybrid” nature – Parties agreed upon leading case, but disagreed on it’s application to circumstances – Authority found important question of law – Matter removed to EC |
| Result | Application granted ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 |
| Cases Cited | Williams v Attorney-General in respect of Secretary for Justice [1999] 2 ERNZ 457 |
| Number of Pages | 2 |
| PDF File Link: | aa 158_09.pdf [pdf 14 KB] |