| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 63/10 |
| Determination date | 12 February 2010 |
| Member | R A Monaghan |
| Representation | C Patterson ; R Towner |
| Location | Auckland |
| Parties | Remmelzwaal v Crane Distribution New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties provided consent memorandum to remove matter to EC – Parties claimed important question of law arose regarding whether early termination of fixed term employment agreement (“EA”), which contained right of termination, amounted to breach of contract – Claimed EC would better assist parties in resolution of employment relationship – Applicant employed under fixed term employment agreement – Applicant made redundant with early termination of EA – Applicant sought balance of fixed term salary – Respondent argued no contractual liability for payment – Authority found appropriate to remove entire matter to EC |
| Result | Application granted ; Matter removed to Employment Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s177;ERA s178;ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Remmelzwaal v Crane Distribution New Zealand unreported, R A Monaghan, 19 May 2009, AA 158/09 |
| Number of Pages | 6 |
| PDF File Link: | aa 63_10.pdf [pdf 20 KB] |