| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 105 |
| Hearing date | 27-Aug-15 |
| Determination date | 30 October 2015 |
| Member | Michele Ryan |
| Representation | G Davenport, G Ballara ; P Chemis, J Howes |
| Location | Wellington |
| Parties | The Rail & Maritime Transport Union Inc v Kiwirail Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent sought removal of matter to Employment Court on grounds of important question of law and public interest - Chinese employees working in New Zealand and employed by Chinese employers - Allegation that Chinese employees paid under minimum wage - Effect of State Owned Enterprise duty of social responsibility |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE - Question regarding extent of duty of good faith too general to identify whether important matter of law. Question whether duty of good faith includes requirement to comply with statutory obligations of social responsibility involves uncomplicated statutory interpretation. Question whether respondent utilising exploited workers needs to be decided on facts. Question whether respondent breached collective agreement can be resolved by determination of facts and contractual interpretation. Question whether New Zealand law applies to the work of Chinese workers when working in New Zealand is important but the Authority frequently determines conflict of law issues. No important questions of law. Public interest refers to public welfare not public curiosity. Matter not urgent. No public interest in removal. Removal would deprive parties of right to challenge first instance findings. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(4)(b) - ERA s4(4)(c) - ERA s4(4)(d) - ERA s161(1) - ERA s178 - ERA s178(2)(a) - s178(2)(b) - ERA s178(2)(d) - State Owned Enterprises Act s4(1) |
| Cases Cited | Auckland District Health Board v X (No 2) [2005] ERNZ 551 (EmpC);Andrew v Commissioner of Police EmpC Christchurch CC21A/03, 31 July 2003;Hanlon v International Education Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);McAlister v Air New Zealand Ltd EmpC Auckland AC 22/05, 11 May 2005;Vice Chancellor of Lincoln University v Stewart (No 2) [2008] ERNZ 249 (EmpC) |
| Number of Pages | 9 |
| PDF File Link: | 2015_NZERA_Wellington_105.pdf [pdf 231 KB] |