Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2012] NZERA Auckland 290
Determination date 27 August 2012
Member R A Monaghan
Representation N Dines ; P Cranney
Parties Antares Restaurant Group Ltd v Unite Union Inc
Summary PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found important question of law likely to arise – Matter removed to EC
Abstract Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise. Applicant claimed respondent breached good faith duties and parties’ access policy. Applicant sought interim orders respondent comply with parties’ access policy, cease making untrue public statements about applicant and return applicant’s confidential information.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Important question of law likely to arise. Issue of Authority’s jurisdiction to determine application for interim injunction and interim injunction itself should be heard together. Matter removed to EC.
Result Application granted ; No order for costs
Main Category Practice & Procedure
Statutes ERA s4;ERA s20;ERA s137(1)(f);ERS s161;ERA s162;ERA s178;ERA s178(2)(a)
Cases Cited Credit Consultants Debt Services NZ Limited v Wilson [2007] ERNZ 205;NZ Amalgamated Engineering Printing and Manufacturing Union Inc v Zeal 320 Ltd unreported, Y Oldfield, 8 April 2009, AA 116/09
Number of Pages 4
PDF File Link: 2012_NZERA_Auckland_290.pdf [pdf 109 KB]