| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 264/09 |
| Determination date | 07 August 2009 |
| Member | V Campbell |
| Representation | N Wang (Applicant in person) ; J Hardaker |
| Location | Hamilton |
| Parties | Wang v Hamilton Multicultural Services Trust |
| Summary | JURISDICTION – Applicant claimed unjustifiably disadvantaged – Respondent argued applicant commenced same or similar matters proceedings in Human Rights Commission (“HRC”) – Respondent claimed application to Authority barred by s112 Employment Relations Act 2000 (“ERA”) – Applicant claimed mediation occurred in HRC but no resolution and no further action taken – Authority found both statement of problem filed in Authority and complaint to HRC referred to discrimination, aggression and harassment – Found at time applicant lodged personal grievance, had complained to HRC – Found s112 ERA and s79A Human Rights Act 1993 set out choice of procedures – Found applicant jurisdictionally precluded from taking steps in Authority by s112 ERA |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA s112;Human Rights Act 1993 s1993 |
| Cases Cited | BHP New Zealand Steel Ltd v O’Dea [1997] ERNZ 667 |
| Number of Pages | 4 |
| PDF File Link: | aa 264_09.pdf [pdf 21 KB] |