| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 86 |
| Determination date | 12 June 2014 |
| Member | M B Loftus |
| Representation | P Cranney ; P Swarbrick, T Oldfield |
| Parties | Barnes and Ors v Coles Group New Zealand Holdings Ltd |
| Other Parties | Gardner, Foote |
| Summary | PRACTICE AND PROCEDURE - Applicants sought removal of matter to Employment Court (EC") on grounds important questions of law likely to arise and in all circumstances matter should be determined by EC - Applicants claimed respondent offered non-union employees benefits constituting unlawful preference and breach of collective employment agreement" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: EC had explained interpretation of section 9 Employment Relations Act 2000 in previous case and present claim required inquiry into disputed facts. Issues of motive and remedies available for breach of section 9 arose incidentally and not important questions of law. Number of discretionary considerations mitigated against removal. Application for removal declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s9;ERA s9(1);ERA Part 10;ERA s143(f);ERA s143(fa);ERA s143(g);ERA s178(2);ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Eastern Bay Independent Industrial Workers Union Inc v ABB Ltd [2008] ERNZ 537;National Union of Public Employees (Inc) v Asure New Zealand Ltd [2004] 2 ERNZ 487;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Christchurch_86.pdf [pdf 143 KB] |