| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2017] NZERA Wellington 120 |
| Hearing date | 20-Nov-17 |
| Determination date | 29 November 2017 |
| Member | M Loftus |
| Representation | P Cranny, C McNamara, S Meikle ; S Hornsby-Geluk, R Webby |
| Location | Wellington |
| Parties | New Zealand Public Service Association - Te Pukenga Here Tikanga Mahi v Commissioner and Chief Executive Inland Revenue Department Te Tare Raake |
| Summary | INJUNCTION – Applicant sought orders restraining respondent from bargaining directly with members of the union in breach of the Employment Relations Act 2000 – PRACTICE AND PROCEDURE – Applicant sought removal to Employment Court on ground there was an important question of law and of such a nature and urgency that in public interest it be removed. |
| Abstract | AUTHORITY FOUND – INJUNCTION: Offers could not constitute bargaining for a collective agreement as such bargaining was not occurring when offers promulgated. The application of section 32(1)(d) is limited to present collective bargaining and therefore could not have been breached. PRACTICE AND PROCEDURE: Matter became irrelevant. Applicant chose not to argue the point. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s32(1)(d) ERA s174E(b)(ii) ERA s178(2)(a) ERA s178(2)(c) |
| Cases Cited | AFFCO New Zealand Ltd v New Zealand Meat Workers and Related Trades Union [2016] NZCA 482 New Zealand Meat Processors etc IUOW v Alliance Freezing Co (Southland) Ltd (1990) ERNZ Sel Cas 834 (CA) |
| Number of Pages | 1 |
| PDF File Link: | 2017 NZERA Wellington 120 amended [pdf 171 KB] |