| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 38 |
| Determination date | 26 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 – Joint application for removal to Employment Court (“EC”) – Parties sought order for removal on grounds that important issues of law likely to arise and matters of such nature and urgency that in public interest that they be removed – Parties engaged in bargaining process for collective employment agreement – Both parties alleged breach of obligation of good faith and sought compliance orders and penalty – Respondent’s counterclaim included allegation that applicant delegate (“P”) made statements while on respondent site which were intended to incite disharmony and amounted to breach by applicant of duty of obligation of good faith – Parties requested aspect of respondent’s counterclaim be removed – Applicant claimed respondent breached obligation of good faith by ordering P to keep off applicant’s worksite for two years – Parties requested applicant’s claim be removed – Parties claimed important question of law concerned weighing union right of access on one hand and employer’s rights in respect of conduct engaged on own premises on other – Parties claimed question of law likely to be of general importance to other employers and unions – Authority agreed with parties – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_38.pdf [pdf 16 KB] |