| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 207/10 |
| Hearing date | 11 Nov 2010 |
| Determination date | 15 November 2010 |
| Member | M B Loftus |
| Representation | T McGinn ; A Toohey |
| Location | Christchurch |
| Parties | Day v Lyttelton Post Company Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent supported application – Applicant dismissed by reason of redundancy – Dispute arose about level of redundancy compensation applicant entitled to – Length of service 34 years – Applicant claimed multitude of issues created complex situation – Authority found complexity not reason for removal – Found no new question of law – Found essentially dispute about interpretation of various contractual provisions – Found making such decisions core part of Authority’s jurisdiction – Employment agreement predated Authority – Respondent claimed Employment Tribunal had no jurisdiction to apply provisions of Contractual Remedies Act 1979 – Found cause of action arose under previous legislative scheme and Authority would be acting as Tribunal – Found EC had exclusive jurisdiction to hear claims brought under s57 Employment Contracts Act 1991 – Found no sense commencing hearing Authority may not be able to conclude and determine – Removal ordered |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s162;ERA s178(2)(a);ERA s178(2)(d);ERA s238(2);ERA s248(2);ERA s252(b);Employment Contracts Act 1991 s57;Employment Contracts Act 1991 s57(1);Employment Contracts Act 1991 s104(1)(k);Contractual Remedies Act 1979;Limitation Act 1950 |
| Cases Cited | Hanlon v International Education Foundation (NZ) Inc unreported, Goddard CJ, 10 Jan 1995, WEC 1/95;Rhodes v LSS Holding Ltd (t/a The Fat Ladies Arms Tavern) [1999] ERNZ 501 |
| Number of Pages | 4 |
| PDF File Link: | ca 207_10.pdf [pdf 15 KB] |