Published 02 August 2017
Reserved judgment — application to set aside defendant's appearance — protest to jurisdiction cessation of employment — JP Morgan Chase Bank NA v Lewis [2015] NZCA 255 — Hibernian Catholic Benefit Society v Hagai [2014] NZHC 24 — Employment Relations Act 2000, s 161.The plaintiff claimed judgment for $75,000.00 against the defendants for failing to uphold the terms of their cessation of employment agreement. The defendants filed an appearance under protest to jurisdiction on the basis that the Employment Relations Authority has exclusive jurisdiction to deal with the matter. The court found that the dispute was one which had nothing to do with the employment agreement but rather was entirely a dispute about whether an aspect of the settlement agreement had been complied with, having found that these two agreements were entirely separate and could be considered as such. The court considered the "JP Morgan" case and found that there were no material differences between the facts of that case and the application, and that it should be followed. The defendants appearance under protest to jurisdiction was accordingly set aside. The court then considered the plaintiff's claim to costs and found that he was entitled to costs in respect of the opposed application. Judgment Date: 13 March 2017
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›