| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 54/10 |
| Hearing date | 5 Mar 2010 |
| Determination date | 09 March 2010 |
| 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 sought direction that respondent lodge and serve sworn copies of unsworn affidavits filed and served in opposition to withdrawn application for interim reinstatement – Respondent argued no basis for removal and basis on which affidavits prepared withdrawn and therefore Authority functus officio – Respondent indicated would use all means available to defend position and did not intend to make payment of last invoice issued through applicant’s company until applicant’s status determined – Authority accepted respondent adopted robust approach in defending matters – Found increased likelihood of challenge not factor on its own to support removal – Applicant argued threat of counterclaim supported removal to EC – Found important parties had degree of certainty and supported removal to EC – Applicant argued sums claimed high and supported removal to EC – Found not strong ground for removal – Applicant relied on procedural considerations in support of removal to EC – Found no difficulty in obtaining disclosure from respondent – Found ability to cross examine in EC not persuasive factor to support removal – Authority unable to provide priority hearing – Matter removed to EC – EC to determine costs – Operational manager fixed wing |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s65;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d);ERA s187(1)(f);ERA Second Schedule cl5(2) |
| Cases Cited | Y v Bay of Plenty Health Board unreported, R Arthur, 20 April 2006, AA 132/06;NZ Amalgamated Union Inc v Carter Holt Harvey Ltd unreported, AC 36/02;Ramsay v Commissioner of Police unreported, H Doyle, CA 45/07 |
| Number of Pages | 9 |
| PDF File Link: | ca 54_10.pdf [pdf 29 KB] |