| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 401 |
| Determination date | 15 September 2011 |
| Member | R Larmer |
| Representation | S Mitchell ; R McIllraith, K Dunn |
| Location | Auckland |
| Parties | Angus v Ports of Auckland Ltd |
| Summary | PRACTICE AND PROCEDURE – Removal to Employment Court on own motion – Applicant put letter under office door of respondent administrator which contained what could be viewed as racist and offensive comments – Applicant dismissed for serious misconduct – Applicant claimed unjustifiably dismissed and sought interim reinstatement – Authority indicated removal of both matters would enable Court to provide guidance on how new s103A Employment Relations Act 2000 (“ERA”) should be applied, how would versus could distinction applied in practice, and what significance the change to status of reinstatement under s125 ERA had on interim reinstatement applications – Parties did not apply for or oppose removal – First time Authority considered removal on own motion – Applicant claimed inappropriate to remove interim matter because of delay and case law under Employment Contracts Act 1991 provided guidance on how to deal with interim reinstatement applications when reinstatement not primary remedy – Authority satisfied interim reinstatement would not be unduly or significantly delayed if removed to Court – Found interim reinstatement application and dismissal grievance both involved important questions of law – Found public interest best served by ensuring Court’s views on application of new s103A and s125 ERA provisions were publically available as soon as possible – Found case involved good fact situation to remove as required detailed consideration of would versus could distinction – Found by removing both matters the Court would obtain benefit of parties being represented by experienced counsel – Authority ordered removal to Court of applicant’s interim reinstatement application and substantive dismissal grievance – Stevedore |
| Result | Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A;ERA s125;ERA s178(1);ERA s178(2);ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Manoharan v Waiariki Institute of Technology [2011] NZERA Auckland 352;Sigglekow v Waikato District Health Board [2011] NZERA Auckland 385 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_401.pdf [pdf 22 KB] |