| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 24 |
| Determination date | 08 March 2016 |
| Member | Christine Hickey |
| Representation | MJ Thomas ; S Rowe, S Brookes |
| Location | Christchurch |
| Parties | Butterfield v Alliance Group Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out applicant’s claim – Whether applicant person intending to work |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM - PRACTICE AND PROCEDURE: Seniority clause in collective employment agreement (“CEA”) applicable to applicant. Potential that CEA contained clause allowing respondent to make decisions about business on own prerogative. No settled law on whether applicant person intending to work in light of seniority clause. Proceedings not so untenable as to warrant strike out. Application for strike out dismissed. Parties directed to mediation. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s6(1)(b)(ii);ERA s161(c);ERA s221;Holidays Act 2003 |
| Cases Cited | New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 204;New Zealand Meat Workers & Related Trades Union Inc v Alliance Group Ltd [2006] ERNZ 664 (EmpC) |
| Number of Pages | 11 |
| PDF File Link: | 2016_NZERA_Christchurch_24.pdf [pdf 249 KB] |