| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49/10 |
| Determination date | 08 February 2010 |
| Member | V Campbell |
| Representation | N Wang (Applicant in person) ; R Fraser |
| Location | Auckland |
| Parties | Wang v Hamilton Multicultural Services Trust |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Authority previously determined applicant precluded from bringing unjustified disadvantage claim as had made complaint of unlawful discrimination to Human Rights Commission - EC upheld applicant’s challenge, finding applicant not precluded from bringing claim and setting aside Authority determination, reverting matter back to Authority - Applicant then dismissed for redundancy - Applicant brought unjustified dismissal claim in Authority - Authority determined dismissal procedurally unjustified and awarded applicant compensation - Applicant challenging dismissal determination - Applicant sought removal of unjustified disadvantage claim on grounds was same, similar or related issue to unjustified dismissal claim already before EC and involved same parties - Respondent consented to removal - Authority found grounds for removal made out - Found matters in unjustified disadvantage claim sufficiently similar to those of unjustified dismissal claim - Found parties likely to seek EC hearing even if matter first determined by Authority - Found more effective use of parties’ resources to remove matter - Matter to be removed |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c) |
| Cases Cited | Wang v Hamilton Multicultural Services Trust [2009] ERNZ 322;Wang v Hamilton Multicultural Services Trust unreported, Y S Oldfield, 14 Dec 2009, AA 449/09 |
| Number of Pages | 2 |
| PDF File Link: | aa 49_10.pdf [pdf 14 KB] |