| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 253 |
| Determination date | 21 August 2015 |
| Member | Helen Doyle |
| Representation | P Wicks ; P Cranney, S Mitchell |
| Location | Auckland |
| Parties | AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought removal of matter to Employment Court “EC” on grounds important question of law likely to arise, EC already had before it proceedings between same parties involving same or similar issues, matter of such nature or urgency that in public interest matter should be removed and in all circumstances matter should be determined by EC – Whether bargaining concluded under s 50K Employment Relations Act 2000 (“ERA”) |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM - PRACTICE AND PROCEDURE: Section 50K ERA not yet interpreted by court or Authority and issue could affect large number of employers/employees and will be generally significant in employment law. Important question of law likely to arise. Difficult to conclude that urgency and public interest best served by keeping proceedings in Authority as undesirable to have similar litigation heard in different fora. Large overlap between EC and Authority likely if proceedings heard in Authority. Issues before EC very similar to those in current proceedings. In all circumstances matter should be heard in EC. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1A);ERA s50K;ERA s50K(1);ERA s50K(2)(c)(i);ERA s50K(2)(c)(ii);ERA s50K(2)(c)(iii);ERA s50K(2)(c)(iv);ERA s50K(3);ERA s50K(4);ERA s50KA;ERA s50KA(1);ERA s69(2)(c);ERA s178;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 144;New Zealand Meat Workers IUW v Richmond Ltd [1992] 3 ERNZ 643 (EmpC) |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_253.pdf [pdf 166 KB] |