| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 315/10 |
| Determination date | 08 July 2010 |
| Member | K J Anderson |
| Representation | M Flyger ; no appearance |
| Location | Auckland |
| Parties | Equipment and Transport Leasing Ltd v Garvey |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – No appearance for respondent – Authority noted application unusual as at point in proceedings where no matter before Authority for investigation – However, subsequently received statement of problem claiming respondent not employee and sought recovery of monies and damages – Found EC already hearing challenge to earlier Authority determination involving objection to demand notice – Respondent objected to notice on grounds applicant not an employee – Found statement of problem filed with Authority asserted applicant not an employee – Found apparent matters raised in statement of problem of such concurrent nature that sufficient nexus existed to conclude s178(2)(c) Employment Relations Act 2000 satisfied – Found nothing undesirable about removal to EC – Matter removed to EC |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2);ERA s178(2)(c) |
| Cases Cited | Auckland District Health Board v X [2005] 1 ERNZ 551;Equipment and Transport Leasing Ltd v Reid (Labour Inspector), unreported, D King, 17 Aug 2009, AA 283/09 |
| Number of Pages | 3 |
| PDF File Link: | aa 315_10.pdf [pdf 17 KB] |