| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 324 |
| Determination date | 30 July 2014 |
| Member | R Arthur |
| Representation | S Mitchell ; R Webster |
| Parties | Webber v Affco New Zealand Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought order preventing counsel (S") acting for applicant - S acted for applicant's union - Whether union supporting applicant's claim, including by paying for representation by S, breach of settlement agreement ("SA") with respondent settling all grievances and disputes between union and respondent - Whether S had conflict of interest" |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Clear that different counsel represented applicant prior to SA and problem between parties not grievance that union acting on at time of SA. SA applied only to grievances and disputes between union and respondent and not to all grievances raised by all union members prior to SA. Employment Relations Act 2000 conferred on applicant right to choose representative and such strongly stated statutory protections prevented any provision in SA being interpreted or applied in manner that removed applicant's representation right. Applicant's representation by S not breach of SA. No conflict of interest in S acting for union in other matters and for applicant in current matter. Application dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s102;ERA s129(1);ERA s131(1);ERA s174;ERA s236;ERA s236(1);ERA s238 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_324.pdf [pdf 156 KB] |