| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 96 |
| Determination date | 03 June 2011 |
| Member | D Asher |
| Representation | R Laurenson, R Moodie ; M Quigg |
| Location | Wellington |
| Parties | Snowdon v Radio New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant claimed unjustifiably disadvantaged in application filed 5 years ago – Applicant’s medical condition deteriorated and successfully applied to have matters adjourned indefinitely – Other matters involving parties before EC – Respondent opposed applicant’s suggestion two years ago that matter be removed to EC until proceedings before EC resolved – Parties later preferred matter be put on hold pending outcome of matters already before EC – After amendments to s178 Employment Relations Act 2000, Authority sought parties’ views of Authority removing matter to EC - Applicant did not oppose matter being removed to EC – Respondent claimed matter should not be removed to EC by Authority’s own motion as issues before Authority standalone and adding matter to EC proceedings would prejudice hearing - Claimed matter should remain on hold before Authority pending outcome of EC hearing, wanted to be formally heard on matter if Authority pursued removal – Authority found no evidence or argument suggesting case of nature and urgency was in public interest be removed to EC – Noted EC did have proceedings before it between same parties involving similar or related issues and proceedings protracted and difficult – Found EC should determine matter – Noted parties and EC contemplated further hearings in respect of current matters – Found matter could be added to existing EC proceedings without prejudicing hearing – Matter to be removed |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(1);ERA s178(2);ERA s178(2)(d) |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_96.pdf [pdf 16 KB] |