| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 5 |
| Determination date | 08 January 2015 |
| Member | E Robinson |
| Representation | D Vincent ; R Upton |
| Parties | Association of Salaried Medial Specialists v Counties Manukau District Health Board |
| Summary | PRACTICE AND PROCEDURE - Respondent sought removal of matter to Employment Court (EC") on grounds important questions of law likely to arise, matter of such nature and urgency that in public interest matter be removed, and in all circumstances matter should be determined by EC - Job sizing - Implications for party failing to comply with Schedule 1B Employment Relations Act 2000 - Whether parties who agreed to process being undertaken had implied contractual or good faith obligation to fulfil process within particular period of time - Whether outcome of agreed process dissatisfactory to one party could constitute breach of good faith - Gastroenterologists" |
| Abstract | AUTHORITY FOUND -;PRACTICE AND PROCEDURE: Important questions of law likely to arise other than incidentally. Questions would affect large numbers of employees and employers involved in collective bargaining, including beyond health sector. Matter of such nature and urgency that in public interest matter be removed. In all circumstances matter should be determined by EC. Matter removed to EC. EC to determine precise formulation of questions disputed by parties. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d);ERA Schedule 1B;ERA Schedule 1B cl22 |
| Cases Cited | McAlister v Air New Zealand Ltd unreported, Shaw J, 11 May 2005, AC22/05;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_5.pdf [pdf 172 KB] |