| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 441/09 |
| Determination date | 09 December 2009 |
| Member | K J Anderson |
| Representation | M Ryan ; S Turner |
| Location | Auckland |
| Parties | Isaac v The Ministry of Social Development |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant sought removal of constructive dismissal and unjustified disadvantage claims - Applicant claimed EC already had before it proceedings between same parties involving same or similar issues - Applicant had filed de novo challenge to Authority determination dismissing claims for unjustified disadvantage, discrimination, and breach of good faith - Respondent opposed application for removal - Respondent claimed constructive dismissal claim did not involve same, similar, or related issues to matter currently before EC - Claimed could lose right to challenge factual findings if removal ordered - Authority found issues similar enough that criteria in s178(2)(c) Employment Relations Act 2000 met - Authority considered respondent’s argument that removal could result in potential loss of right of challenge but noted challenges often de novo - Authority found given history of matter Authority determination likely to be appealed - Found more effective use of both parties’ resources if matter removed to EC - Application for removal to EC granted |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s101;ERA s178(2);ERA s178(2)(c) |
| Cases Cited | Auckland District Health Board v X [2005] 1 ERNZ 551;Isaac v Chief Executive of the Ministry of Social Development unreported, V Campbell, 5 Jun 2008, AA 200/08 |
| Number of Pages | 5 |
| PDF File Link: | aa 441_09.pdf [pdf 22 KB] |