| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 131 |
| Determination date | 04 August 2011 |
| Member | P R Stapp |
| Representation | S Langton ; S Webster |
| Location | Wellington |
| Parties | Transpacific All Brite Ltd v Sanko and Anor |
| Other Parties | Combs |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority previously declined application to stay proceedings when applicant commenced High Court (“HC”) proceedings as matters before Authority had separate causes of action – Applicant claimed lawfulness of Authority’s jurisdiction and right to take matter to High Court meant matter important question of law – Respondent claimed no important question of law and matter within Authority’s jurisdiction as separate to matter before HC – Authority found because application previously declined not barred from removing matter if grounds met – Not satisfied important question of law likely to arise other than incidentally – Found however degree of difficulty meant matter potentially required higher court and disclosure issue still to be resolved – Found conflict over factual findings could impact on applicant’s right to decide to proceed in HC first – Found applicant raised genuine point regarding removal but important question of law unlikely to arise other than incidentally – Found however good reason to remove matter as EC better placed to deal with overlapping evidence, documents and facts – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s143(fa);ERA s178(2)(a);ERA s178(2)(d);ERA s178(6) |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_131.pdf [pdf 18 KB] |