| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 386 |
| Hearing date | 30-Sep-16 |
| Determination date | 23 November 2016 |
| Member | N Craig |
| Representation | S Mitchell, J Lynch ; G Malone, M Williams |
| Location | Auckland |
| Parties | New Zealand Meat Workers and Related Trades Union Inc. v Corbett & Ors |
| Other Parties | 12 others, AFFCO New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on ground important question of law likely to arise, EC already had before it proceedings between same parties involving same or similar issues, matter of such nature and urgency that in public interest matter be removed and in all circumstances matter should be determined by EC |
| Abstract | AUTHORITY FOUND –PRACTICE AND PROCEDURE: No important question of law likely to arise regarding stay. Matter urgent as likely that repeated lay-offs and re-engagements will happen. Matter of such nature and urgency that removal in public interest. Proceedings concerning same or similar issues already before EC. Appropriate in all circumstances that EC should determine matter. Matter removed to EC. |
| Result | Application granted ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 ; ERA s178(2)(a) ; ERA s178(2)(b) ; ERA s178(2)(c) ; ERA s178(2)(d) |
| Cases Cited | AFFCO New Zealand Ltd v New Zealand Meat Workers & Related Trades Union Inc [2016] NZCA 482 ; Flights Attendants & Related Services (NZ) Association Inc v Air New Zealand Ltd [2013] NZEmpC 125 ; Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 (EmpC) ; Keung v GBR Investments Ltd [2010] NZCA 396, [2012] NZAR 17 ; 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 AFFCO New Zealand Ltd [2016] NZEmpC 7 ; New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd (No 2) [2016] NZEmpC 117 ; Rossiter v AFFCO New Zealand Ltd [2016] NZERA 108 ; Rossiter v AFFCO New Zealand Ltd [2016] NZEmpC 144 |
| Number of Pages | 8 |
| PDF File Link: | 2016_NZERA_Auckland_386.pdf [pdf 114 KB] |