| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 123/09 |
| Hearing date | 16 Apr 200 |
| Determination date | 16 April 2009 |
| Member | M Urlich |
| Representation | M O'Brien ; no appearance |
| Location | Auckland |
| Parties | Te Runanga O Ngati Whatua v Brence |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – First ground for removal that Authority did not have jurisdiction to grant search orders – Secondly jurisdiction with EC – Thirdly Authority could make ex parte orders pursuant to s173(2C) Employment Relations Act 2000 – Fourthly high likelihood respondent would undermine basis of search order if on notice of application – Fifthly matter of such nature and urgency in public interest immediate removal required – Authority found did not have jurisdiction to grant search orders – Found jurisdiction for search orders with EC – Found matter concerned alleged breaches of employment agreement were within jurisdiction of Authority – Found Authority not precluded from making ex parte orders – Found real likelihood respondent would undermine basis of search orders sought – Found issue matter of public interest – Matter removed to EC |
| Result | Application granted ; Matter removed to Court |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(b);ERA s178(d);ERA s173(2 C) |
| Cases Cited | Axiom Rolle PRP Valuation Services Ltd v Kapadia [2006] ERNZ 639;Julian v Air New Zealand Ltd [1994] 2 ERNZ 88 |
| Number of Pages | 3 |
| PDF File Link: | aa 123_09.pdf [pdf 10 KB] |