| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 199 |
| Determination date | 20 May 2013 |
| Member | E Robinson |
| Representation | P Cranney ; A Caisley |
| Parties | Flight Attendants and Related Services (NZ) Association v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicants sought removal of matter to Employment Court (EC") on grounds important question of law likely to arise and matter of such nature and urgency that in public interest matter be removed - Applicant also sought removal to EC on ground in all circumstances matter should be determined by EC - Applicant claimed respondent breached duty of good faith - Intention to undermine collective agreement and employment relationship - Union's entitlement to represent members" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Questions of law could be assisted by established legal precedents. Second applicant's position would not be worsened if delay in dealing with matter. Matter could be addressed in timely manner by Authority. No public interest supporting removal. Appropriate for matter to be addressed at first instance by Authority. Not appropriate for Authority to exercise discretion to remove matter. Application for removal declined. |
| Result | Application dismissed; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4 - ERA - ERA s4(1) - s4(1A)(b) - ERA s4(1A)(c) - ERA s4(6) - ERA s4(6)(b)- ERA s4A(b)(ii) - s4A(b)(iii) - ERA s18 - ERA s103A - ERA s178(2)- ERA s178(2)(d) - ERA s236 |
| Cases Cited | Association of University Staff Inc v Vice- Chancellor of the University of Auckland [2005] ERNZ 224;Auckland District Health Board v X (No 2) [2005] ERNZ 551;Christchurch City Council v Southern Local Government Officers Union Inc [2007] ERNZ 37; [2007] 2 NZLR 614;Eastern Bay Independent Industrial Workers Union Inc v B unreported, V Campbell, 7 March 2008, AA79/08;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;Health Care Hawkes Bay Ltd v Bickerstaff [1996] 2 ERNZ 419;Manufacturing & Construction Workers Union v Industrial Services Christchurch Ltd unreported, H Doyle, 21 Aug 2009, CA134/09;Marshment v Sheppard Industries Ltd [2012] NZEmpC 93;National Distribution Union Inc v General Distributors Ltd [2007] ERNZ 120;NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74;Service and Food Workers' Union Nga Ringa Tota Inc v Air New Zealand Ltd (2008) 8 NZELC 99,288;Service and Food Workers' Union Nga Ringa Tota Inc v OCS Ltd [2007] ERNZ 169;Service and Food Workers' Union Nga Ringa Tota Inc v Pact Group [2013] NZERA Christchurch 41;Service and Food Workers' Union Nga Ringa Tota Inc v Spotless Services (NZ) Ltd unreported, Y Oldfield, 3 June 2008, AA198/08;Unite Union Inc v First Security Guard Services Ltd [2012] NZERA Auckland 192 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_199.pdf [pdf 199 KB] |