| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 103 |
| Hearing date | 17 Oct 2014 |
| Determination date | 21 October 2014 |
| Member | G J Wood |
| Representation | T Kennedy ; G Service |
| Location | Wellington |
| Parties | New Zealand Tramways and Public Passenger Transport Employees Union (Inc) Wellington Branch v Cityline (NZ) Ltd |
| Summary | INJUNCTION – Applicant sought interim injunction preventing respondent from implementing new rosters |
| Abstract | AUTHORITY FOUND –;INJUNCTION: Applicant’s case that agreement required for respondent to change rosters not strong. Applicant’s claim that respondent required to consult under particular clause in collective employment agreement (“CEA”) not strong. Applicant had strongly arguable case that respondent established and ran roster committee in breach of CEA. Clearly arguable case that inadequate notice given by respondent. Clearly arguable case over improper consultation and breach of good faith. Applicant’s members would be inconvenienced in interim if injunction not granted but damages adequate remedy. Balance of convenience favoured respondent due to administrative cost and uncertainty. Nothing in overall justice of case altered conclusion. Application for injunctive relief declined. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA |
| Number of Pages | 9 |
| PDF File Link: | 2014_NZERA_Wellington_103.pdf [pdf 3.9 MB] |