| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 136 |
| Determination date | 06 April 2011 |
| Member | E Robinson |
| Representation | H Cull QC ; M O'Brien |
| Location | Auckland |
| Parties | Bierre v Auckland District Health Board |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought matter be removed to EC – Authority found respondent’s non de novo challenge and applicant’s de novo cross-challenge on Authority’s interim determination concerning admissibility of evidence already before EC – Parties claimed increased cost issue should there be hearings in Authority and EC – Found issues before Authority closely related to and influenced by admissibility issue presently before EC – Found consolidation of both proceedings would make it cost effective to have matters heard in one forum – Found removing proceedings before Authority to EC would result in more efficient allocation of judicial resources – Found appropriate for Authority to exercise discretion to remove matter – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(c);ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_136.pdf [pdf 16 KB] |