| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 75/10 |
| Determination date | 23 April 2010 |
| Member | G J Wood |
| Representation | M O'Brien ; M Quigg |
| Location | Wellington |
| Parties | Mangar v South Wairarapa District Council |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant appealed Authority determination of no unjustified disadvantage and no breach of good faith to EC – Following Authority determination, applicant dismissed for redundancy – Applicant raised unjustified dismissal personal grievance – Respondent did not oppose applicant amending statement of problem to include unjustified dismissal claim – EC noted grievance could not be addressed by Authority in de novo challenge - Respondent did not oppose application for entire matter to be removed to EC - Authority accepted unjustified dismissal grievance natural consequence of process respondent took to which applicant earlier objected in Authority – Found removal would aid parties to resolve all issues – Grounds for removal made out |
| Result | Application granted ; Matter removed to Employment Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c);ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | wa 75_10.pdf [pdf 16 KB] |