Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2015] NZERA Wellington 17
Determination date 17 February 2015
Member M Ryan
Representation S Mitchell ; R Webster
Parties Karangaroa and Ors v Affco New Zealand Ltd
Other Parties Tuapawa, Burton, Waikawa, Brown
Summary COUNTERCLAIM - PRACTICE AND PROCEDURE - Whether applicants' claims precluded by settlement agreement (SA") between applicants' union and respondent - Applicants sought arrears of wages"
Abstract AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: SA identified parties as union and respondent and exclusive agreement between union and respondent. Reference to 'grievances' could not reasonably be construed to infer that SA included parties external to union and respondent. Applicants not bound by SA. Application dismissed.
Result Application dismissed ; Costs reserved
Main Category Practice & Procedure
Statutes ERA;ERA s102;ERA s103(1);ERA s129
Cases Cited Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444;Webber v Affco New Zealand Ltd [2014] NZERA Auckland 324
Number of Pages 5
PDF File Link: 2015_NZERA_Wellington_17.pdf [pdf 154 KB]