| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 175 |
| Determination date | 19 June 2015 |
| Member | E Robinson |
| Representation | S Mitchell ; C Pidduck |
| Parties | New Zealand Meat Workers & Related Trades Union Inc v Affco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on grounds important question of law likely to arise, matter of such nature and urgency that in public interest matter be removed and EC already had before it proceedings between same parties involving same or similar issues – Meaning of “undermining”collective bargaining – Employer obligations to bargain with unions and recognise union authority – Meat workers |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: Question of law likely to arise can be determined by Authority. Probably not important question of law. Parties already directed to urgent mediation in relation to other claims. Matter not urgent. Proceedings already before EC involved lockouts so not same or similar. No reason for Authority to otherwise remove matter. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s32(d)(i);ERA s32(d)(ii);ERA s32(d)(iii);ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d);ERA Second Schedule cl17 |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);Flight Attendants & Related Services (NZ) Association Inc v Air New Zealand Ltd [2013] NZEmpC 125;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 (EmpC) |
| Number of Pages | 10 |
| PDF File Link: | 2015_NZERA_Auckland_175.pdf [pdf 177 KB] |