| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 371/10 |
| Determination date | 24 August 2010 |
| Member | K J Anderson |
| Representation | S Scott ; S Hood |
| Location | Auckland |
| Parties | Appleton v Waikato Institute of Technology |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant claimed EC already had before it proceedings between same parties involving similar issues – Respondent opposed removal because applicant failed to file removal application prior to Authority commencing investigation, issues not similar, and real dispute currently before Authority – Authority found nexus between proceedings weak – Found parties likely to eventually take matters to EC – Found given parties appetite for litigation rather than resolution EC should determine all matters – Found no substantive grounds that made it undesirable to remove case – Matter removed to EC |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Auckland District Health Board v X [2005] ERNZ 551;Ashfield v Xclamation Ltd unreported, R Monaghan, 5 Nov 2003, AA 235C/03 |
| Number of Pages | 6 |
| PDF File Link: | aa 371_10.pdf [pdf 23 KB] |