| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 317 |
| Determination date | 12 October 2015 |
| Member | James Crichton |
| Representation | L Yukich ; D France |
| Location | Auckland |
| Parties | Mathis and Anor v Carter Holt Harvey Pulp & Paper Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicants sought removal of matter to Employment Court on ground important question of law likely to arise – Whether union can be party to proceeding under Holidays Act 2003 |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: On plain reading of s 74 Holidays Act 2003, union has ability to exercise statutory right of enforcement. Union does not need to be a party to proceeding to do so and does not have standing to be party. No important question of law arises. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d);Holidays Act 2003;Holidays Act 2003 s74 |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_317.pdf [pdf 145 KB] |