| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 428 |
| Determination date | 30 November 2012 |
| Member | K J Anderson |
| Representation | S Mitchell ; R McIlraith |
| Parties | Maritime Union of New Zealand v Ports of Auckland Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Matter concerned whether respondent breached good faith obligations by dealing with alternative union without consulting applicant – Authority found tenuous evidence EC already had before it proceedings between same parties involving same or substantially similar issues – Found appropriate to consider evidence nevertheless and in all circumstances matter should be determined by EC – Matter removed to EC |
| Abstract | Applicant sought removal of matter to Employment Court (“EC”) on grounds EC already had before it proceedings between same parties involving same or substantially similar issues and in all circumstances matter should be determined by EC. Applicant claimed respondent breached good faith obligations by bargaining for and concluding collective employment agreement with alternative union without consultation with applicant.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Evidence provided by applicant did not assist much in clarifying specific nature of proceedings before EC between same parties involving same or substantially similar issues but appropriate to consider evidence in exercising Authority’s general discretion to remove matter. Appropriate that in all circumstances matter should be determined by EC. Matter removed to EC. |
| Result | Application granted; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Maritime Union of New Zealand v Ports of Auckland Ltd [2012] NZEmpC 197 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_428.pdf [pdf 92 KB] |