| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 136 |
| Determination date | 17 April 2012 |
| Member | E Robinson |
| Representation | S Mitchell ; G Malone, R Webster |
| Location | Auckland |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought 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 opposed application – Respondent locked out applicant members at multiple respondent plants – Applicant claimed lockout unlawful and respondent encouraged applicant members to accept individual employment agreements so could return to work – Applicant claimed respondent’s actions undermined parties’ bargaining for new collective employment agreement under s32(1)(d)(iii) Employment Relations Act 2000 – Applicant claimed matter involved examination of evidence already before EC relating to lockout – Respondent claimed matters discrete and removal to EC would create further delay – Authority found matter before EC closely connected to current matter – Found EC proceedings would involve same evidence as would be heard by Authority – Found same or similar matters already before EC and in all circumstances EC should determine matter – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(6);ERA s32(1)(d)(iii);ERA s53;ERA s83(b)(i);ERA s178;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_136.pdf [pdf 21 KB] |