| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 191 |
| Determination date | 08 December 2015 |
| Member | James Crichton |
| Representation | D Gilbert (in person) ; G Lloyd |
| Location | Christchurch |
| Parties | Gilbert v New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court on ground important question of law likely to arise – Whether union owes duty of good faith to member |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Law already settled on whether union owes duty of good faith to member and whether union is required to comply with own rules when dealing with members. Question of whether respondent union failed to meet obligations to applicant one of fact, not law. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);Fair Trading Act 1986 |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);McCartney v Atlas Concrete Ltd [2014] NZEmpC 85, [2014] ERNZ 622 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Christchurch_191.pdf [pdf 203 KB] |