| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 207 |
| Determination date | 23 June 2016 |
| Member | Tania Tetitaha |
| Representation | LJ Yukich ; KM Dunn |
| Location | Auckland |
| Parties | Eastern Bay Independent Industrial Workers Union & Ors v TSNZ Pulp & Paper Maintenance Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant 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 and in all circumstances EC should determine matter |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Grounds of application factual dispute. No important question of law. No other similar proceedings currently before EC. No reason to exercise discretion to remove matter in all circumstances. Application for removal dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178;ERA s178(2)(a);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);Harris v TSNZ Pulp & Paper Maintenance Ltd [2015] NZEmpC 43;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Auckland_207.pdf [pdf 166 KB] |