| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 543 |
| Determination date | 20 December 2011 |
| Member | R Larmer |
| Representation | S Mitchell ; G Malone |
| Location | Auckland |
| Parties | NZ Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant previously sought removal of matter to EC but application later withdrawn – Applicant previously claimed important issues of law likely to arise, matter required extensive evidence and unnecessary costs would be incurred if evidence required in Authority and EC – Applicant claimed still considered appropriate that matter be removed to EC – Respondent previously opposed removal and claimed removal could impact parties’ meeting about respondent’s drug testing of employees – Parties did not provide information about outcome of meeting – Respondent later claimed appropriate for Authority to remove matter to EC – Authority found matter raised important question of law as random drug testing feature of many workplaces and “safety sensitive” workplaces not defined – Found meaning and definition of “safety sensitive” could affect large numbers of employers, employees and unions – Found due to importance of issue to parties was likely unsuccessful party would challenge Authority’s determination and therefore expert evidence would be required before Authority and EC at significant cost to parties – Found even if had not been important question of law in all circumstances EC should determine matter – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(1);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d) |
| Cases Cited | Maritime Union of New Zealand Inc & Ors v TLNZ Ltd (2008) 8 NZELC 99,181;New Zealand Engineering Printing and Manufacturing Union Inc v Air New Zealand Ltd [2004] 1 ERNZ 614 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_543.pdf [pdf 25 KB] |