| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 158 |
| Determination date | 09 May 2012 |
| Member | R A Monaghan |
| Representation | A Drake, R Childs ; G Pollack |
| Location | Auckland |
| Parties | Lend Lease Infrastructure Serves (NZ) Ltd And Anor |
| Other Parties | Recreational Services Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Parties sought removal to EC on grounds important issue of law likely to arise and matter of such nature and urgency that in public interest matter be removed – Applicant had contract to provide services to third party and respondent to take over contract – Applicant undertaking restructure and claimed some employees could have right to elect to transfer to employment with respondent under Part 6A Employment Relations Act 2000 (“ERA”) – Employee duties included cleaning duties - Parties sought declaration on whether Schedule 1A ERA applied to employees and therefore employees had right to elect to transfer – Authority found similar matter already before EC and in all circumstances EC should determine matter – Found further clarity around application and interpretation of Part 6A ERA important – Found nature and urgency of matter meant removal to EC in public interest – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA Part 6A;ERA Part 6A subpart 1;ERA s69B;ERA s69C;ERA s69D;ERA s69E;ERA s69F;ERA s69F(1)(a);ERA s69F(1)(b);ERA s69I;ERA s69I(2);ERA s69I(3);ERA s178;ERA Schedule 1A |
| Number of Pages | 8 |
| PDF File Link: | 2012_NZERA_Auckland_158.pdf [pdf 117 KB] |