| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 124/02 |
| Determination date | 03 December 2002 |
| Member | G J Wood |
| Representation | G Davenport ; P Gunn |
| Location | Wellington |
| Parties | New Zealand Post Primary Teachers' Association v Attorney General in respect of the Secretary for Education & Anor |
| Other Parties | State Services Commissioner |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Alleged public interest importance - Respondent's decision affected 1,975 teachers and involved sum of $8,500,000 - Alleged important questions of law - Relationship between arbitration and good faith - Relationship between good faith and post-bargaining conduct - Whether arbitration could be revisited before collective agreement commenced - Matter concerned public interest of New Zealand citizens - Important questions of law concerning bargaining and good faith - Interests of justice favoured removal to Employment Court |
| Result | Application granted ; Proceedings removed to Employment Court ; No order for costs |
| Statutes | ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |