| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 23 |
| Determination date | 28 February 2012 |
| Member | M Ryan |
| Representation | P Cranney ; T MacKinnon |
| Location | Wellington |
| Parties | NZEI Te Riu Roa v Secretary for Education |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought removal on ground that important questions of law likely to arise – Respondent neither supported not opposed application – Applicant claimed respondent breached obligations contained in collective agreement – Respondent claimed Authority did not have jurisdiction to determine dispute as not in employment relationship with applicant or applicant members – Authority found matter raised questions as to nature of relationship between parties and extent collective agreement enforceable against respondent if breached – Found important questions of law to be decided – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(2);ERA s5;ERA s161(1);ERA s178(2);ERA s178(2)(a);State Sector Act 1988 s74A |
| Cases Cited | New Zealand Baking Trades Employees Union (Inc) v Foodtown Supermarkets Ltd [1992] 3 ERNZ 305 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_23.pdf [pdf 21 KB] |