| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 191 |
| Hearing date | 21 Nov 2014 |
| Determination date | 25 November 2014 |
| Member | H Doyle |
| Representation | N Wombwell, J Davis ; N McPhail |
| Location | Christchurch |
| Parties | Southern Local Government Officers Union v Ashburton District Council |
| Summary | JURISDICTION – Whether Authority had jurisdiction to determine meaning of term in offer to settle reached during mediated negotiations for collective employment agreement (“CEA”) |
| Abstract | AUTHORITY FOUND –;JURISDICTION: Offer to settle ratified by applicant’s membership but CEA not ratified under s 51 Employment Relations Act 2000. Offer of settlement did not create legally enforceable rights without ratification of CEA. Bargaining not concluded because different views about meaning of offer to settle. Authority prohibited from making determination about bargaining or new terms or conditions of employment. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ERA;ERA s32(1)(a);ERA s50J;ERA s51;ERA s53(3);ERA s149;ERA s161;ERA s161(1)(a);ERA s161(2) |
| Cases Cited | Canterbury Spinners Ltd v Vaughan [2002] 1 ERNZ 255;Waikato District Health Board v New Zealand Public Service Assoc Inc [2008] ERNZ 80 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Christchurch_191.pdf [pdf 155 KB] |