| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 147/10 |
| Hearing date | 29 Jul 2010 |
| Determination date | 13 September 2010 |
| Member | G J Wood |
| Representation | H Cull ; S Hornsby-Geluk |
| Location | Wellington |
| Parties | Rose v Order of St John |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought personal grievance claims removed to EC – Respondent requested Authority and applicant delete certain paragraphs of statement of problem arguing not practicable to provide statement in reply until done – First question of law whether claim in statement of problem could be amended by Authority, or whether Authority could alternatively require applicant to amend statement of problem – Authority rejected respondent’s argument that first question not important and arose incidentally – Found question remained whether or not Authority could order removal of claims from applicant’s own statement of problem – Found question of law important because may affect all future applicants – Found not aware of question ever being previously determined by EC – Found second and third questions not important questions of law as related to matters already settled by EC – Found fourth question not important question of law – Found no urgency that matter be removed immediately to EC – Authority accepted important question of law that could only be authoritatively determined by EC – Application granted – Authority found appropriate to order removal of entire employment relationship problem to EC – Health Care and Social Assistance Sector |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s148;ERA s178(2)(a);ERA s178(2)(b);Evidence Act 2006;ERA Schedule 2, cl 10(1) |
| Cases Cited | Just Hotel Ltd v Jesudhass [2007] ERNZ 817 |
| Number of Pages | 4 |
| PDF File Link: | wa 147_10.pdf [pdf 14 KB] |