| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 17 |
| Determination date | 17 January 2012 |
| Member | R A Monaghan |
| Representation | S Mitchell ; R McIlraith |
| Location | Auckland |
| Parties | Maritime Union of New Zealand v Ports of Auckland Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought order for removal on grounds that important issues of law likely to arise, matter of such nature and urgency that in public interest matter be removed and same or similar matter between same parties already before EC – Respondent did not oppose application – Respondent advised applicant that considered applicant had excess number of stevedores and commenced redundancy procedure contained in collective employment agreement (“CEA”) – Applicant claimed respondent breached obligation of good faith as despite commencing redundancy procedure engaged permanent employees and guaranteed 32 hours’ work per week – Applicant claimed respondent failed to meet obligations to offer two extra shifts under CEA prior to using casual employees – Applicant filed proceedings in EC which concerned same actions of respondent – Applicant claimed action of respondent amounted to lockout and respondent failed to engage existing employees in work in which they were usually employed – Applicant claimed action taken with view to compelling employees to accept terms of employment or comply with employer’s demands – Applicant claimed respondent used or intended to use 32 hour employees during lockout and for purpose of performing work of locked out employees – Authority found unnecessary to go beyond s178(2)(c) and s178(2)(d) Employment Relations Act 2000 in order to determine matter – Found proceedings before EC between same parties and involved same or similar issues – Matter removed to EC |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s82(1)(b);ERA s97;ERA s178;ERA s178(2)(c);ERA s178(2)(d) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_17.pdf [pdf 20 KB] |