| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 220 |
| Hearing date | 4 Jun 2014 |
| Determination date | 06 June 2014 |
| Member | J Crichton |
| Representation | R Harrison, C Abaffy ; D France |
| Location | Auckland |
| Parties | New Zealand Airline Pilots' Assoc IUOW Inc v Mount Cook Airline Ltd |
| Summary | PRACTICE AND PROCEDURE - Applicant sought removal of matter to Employment Court (EC") on ground important question of law likely to arise and in all circumstances matter should be determined by EC - Union members entitled to join respondent's superannuation scheme or alternative scheme - Reduction to employer contribution during bargaining - Alleged reduction not communicated to union - Six months after ratification union notified respondent's superannuation scheme closing but offered alternative scheme at reduced rate - Applicant questioned validity of changes allegedly made by trustees of scheme because changes impacted union members - Respondent argued trust issue and High Court appropriate jurisdiction" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Matter of whether employment institutions appropriate jurisdiction difficult and novel. No factors against removal. Authority satisfied matter should be argues by lawyers in front of judge using traditional trial process and with all pre-trial orders able to be applied for in formal adversarial process. Some questions identified by applicant which constituted important questions of law likely to rise other than incidentally. Matter removed to EC. |
| Result | Application granted; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s143;ERA s161(1)(r);ERA s178;ERA s178(2)(a);ERA s178(2)(d) |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551;Aviation and Marine Engineers Association Inc v Air New Zealand Ltd [2013] NZEmpC 172;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;McAlister v Air New Zealand Ltd unreported, Shaw J, 11 May 2005, AC22/05;New Zealand Amalgamated Engineering & Related Trades IUOW v Carter Holt Harvey Ltd unreported, A Dumbleton, 10 June 2002, AA172/02 |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Auckland_220.pdf [pdf 171 KB] |