| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 227 |
| Determination date | 31 July 2015 |
| Member | A Fitzgibbon |
| Representation | L Yukich ; R Towner, D France |
| Location | Auckland |
| Parties | McPherson and Anor v Carter Holt Harvey and Anor |
| Other Parties | Manufacturing and Construction Workers Union Inc, Carter Holt Harvey Pulp & Paper Ltx |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought to strike out second applicant as party – Whether second applicant had standing as party in proceeding – Whether Holidays Act 2003 gives unions standing to bring proceedings on behalf of members |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Second applicant not party to first applicant’s individual employment agreement or collective agreement. Second applicant did not directly or indirectly have interest in first applicant’s holiday entitlement and would not be adversely affected by Authority determination on claim. Second applicant can represent applicant in claim, but cannot be party. Second applicant struck out as party. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s18(1);ERA s18(3);ERA s61(2)(a);ERA s131;ERA s131(1)(b);ERA s174;ERA s236;Holidays Act 2003;Holidays Act 2003 s74(1);Holidays Act 2003 s74(1)(c) |
| Cases Cited | Maritime Union of New Zealand Inc v Ports of Auckland Ltd [2010] NZEmpC 32, (2010) 7 NZELR 257;Pacific Flight Catering Ltd v Services & Food Workers’ Union Nga Ringa Tota Inc [2012] NZEmpC 61, [2012] ERNZ 134;Service and Food Workers Union Nga Ringa Tota v Spotless Services (NZ) Ltd EmpC Auckland AC50/07, 23 August 2007 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_227.pdf [pdf 231 KB] |