| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 257 |
| Determination date | 19 June 2013 |
| Member | R A Monaghan |
| Representation | S Mitchell ; G Pollack |
| Parties | The New Zealand Public Service Assoc Inc v Chief Executive of the Ministry for Primary Industries |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Authority found EC had before it proceedings between same parties involving same or substantially similar issues – Found appropriate for all matters to be resolved in EC – Matter removed to EC |
| Abstract | Applicant sought removal of matter to Employment Court (“EC”) on ground EC already had before it proceedings between same parties involving same or substantially similar issues. Applicant and respondent parties to collective employment agreement (“CEA”) and also to worksite agreement. Worksite agreement expired but applicant claimed agreement continued as terms of individual employment agreement. Applicant sought determination of whether provisions of worksite agreement continued after expiry of worksite agreement. Authority previously determined whether worksite agreement continued to apply but CEA in force at time of previous Authority determination predecessor to CEA currently in question. Previous Authority determination challenged and hearing date allocated in EC. Applicant lodged application for removal to EC to ensure continued application of worksite agreement before EC and relevant issues resolved without need for further referral to Authority.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE:;EC already had before it proceedings between same parties involving same or substantially similar issues. Concern over lack of clarity about continued application of worksite agreement. Concern related to issues already before EC but arose out of superseding of CEA considered in previous authority determination. Appropriate for all matters to be resolved in EC. Matter removed to EC. |
| Result | Application granted; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 |
| Cases Cited | The New Zealand Public Service Assoc v Ministry of Agriculture and Forestry unreported, G Wood, 8 April 2010, WA60/10 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Auckland_257.pdf [pdf 91 KB] |