| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 200/09 |
| Determination date | 19 November 2009 |
| Member | H Doyle |
| Representation | J Moran ; N McPhail |
| Location | Christchurch |
| Parties | Brunton v Garden City Helicopters Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant lodged Statement of Problem and sought interim reinstatement - Found from Statement of Problem were issues whether applicant employee or independent contractor - Respondent initially sought determination of jurisdiction issue prior to interim reinstatement application then sought removal to EC - Respondent sought to have matter removed to EC on grounds important question of law likely to arise other than incidentally - Respondent claimed applicant employee of another company which contracted to respondent - Respondent claimed applicant lacked standing to make interim reinstatement application - Applicant opposed removal - Found Authority could consider threshold jurisdictional issue at already scheduled investigation meeting - Found as no question of law and parties had opportunity to make submissions on jurisdictional issue were no other reasons justifying removal - Application for removal declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2)(a) |
| Cases Cited | Ferens v French (Asia Pacific) Ltd [1998] 1 ERNZ 303 |
| Number of Pages | 3 |
| PDF File Link: | ca 200_09.pdf [pdf 16 KB] |