| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 117 |
| Hearing date | 25 May & 4 Jul 2016 (2 days) |
| Determination date | 20 July 2016 |
| Member | Peter van Keulen |
| Representation | P Wicks ; S Mitchell |
| Location | Christchurch |
| Parties | AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union Inc |
| Summary | PRACTICE AND PROCEDURE –Authority considered removal of matter to Employment Court (“EC”) on own motion on ground important question of law likely to arise – COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to strike out statement of problem |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Important questions of law arise regarding whether the duty of good faith apply to publications made by union not connected to collective bargaining or an employer’s business or employee’s work and whether unions have a duty of good faith in respect of publications not directly connected to bargaining but made while bargaining still ongoing. Questions could have significant implications for other parties to collective bargaining. Matter removed to EC.;COUNTERCLAIM - PRACTICE AND PROCEDURE: Claims deserve merit of full investigation before determining whether cause of action sustainable and whether breach occurred. Application to strike out dismissed. |
| Result | Orders made ; Application dismissed (counterclaim – practice and procedure) ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s4(3);ERA s32;ERA s50K;ERA s50J;ERA s53;ERA s178;ERA s178(2)(a);ERA s178(2)(c);ERA Second Schedule cl12A |
| Cases Cited | Christchurch City Council v Southern Local Government Officers Union Inc [2007] NZCA 11, [2007] 2 NZLR 614;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC);Lumsden v Skycity Management Ltd [2015] NZEmpC 225 |
| Number of Pages | 13 |
| PDF File Link: | 2016_NZERA_Christchurch_117.pdf [pdf 250 KB] |