| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 68 |
| Determination date | 24 February 2012 |
| Member | A Dumbleton |
| Representation | S Mitchell ; R McIlraith, K Dunn |
| Location | Auckland |
| Parties | Maritime Union of New Zealand v Ports of Auckland Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties sought removal on grounds that important questions of law likely to arise and same or similar matter between same parties already before EC – Parties claimed important questions of law arose from interpretation of s33 Employment Relations Act 2000 in potential contracting out situation and issues whether there was a lock-out and if so whether action of employer undermined or could undermine bargaining for collective agreement – Authority satisfied removal as sought by parties should be ordered – Found removal also justified on basis that in all circumstances appropriate for EC to determine matter due to need to have present problems between parties conclusively and finally resolved as quickly as possible – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1A)(c);ERA s33;ERA s50A;ERA s178;ERA s178(2)(a);ERA s178(2)(c);ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_68.pdf [pdf 13 KB] |