| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2018] NZERA Christchurch 17 |
| Determination date | 12 February 2018 |
| Member | H Doyle |
| Representation | P Swarbrick, T Oldfield ; P Cranney |
| Location | Christchurch |
| Parties | Kaikorai Service Centre Ltd v First Union Incorporated |
| Summary | PRACTICE AND PROCEDURE – Applicant sought removal of matter to Employment Court (“EC”) on the ground it has the same parties and similar issues before it |
| Abstract | AUTHORITY FOUND – PRACTICE AND PROCEDURE: Authority not persuaded that non de novo challenge should weigh against removal. Viewing issues and factual matrix as a whole the issue of good faith which arose from the same bargaining between parties is sufficiently similar and sufficiently related to justify removal. Matter removed to EC. |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s50J ; ERA s50J(3) ; ERA s50J(3)(a) ; ERA s178(2)(c) ; ERA s178(2)(d) ;ERA s178(5) ; ERA s179(2) ; ERA s179(4) |
| Cases Cited | First Union Inc v Kaikorai Service Centre Ltd [2017] NZERA Christchurch 200 ; Flight Attendants and Related Services (NZ) Association Inc v Air New Zealand Ltd and others [2013] NZEmpC 125 ; Randwick Meat Co Ltd v Burns [2015] NZEmpC 188 |
| Number of Pages | 8 |
| PDF File Link: | 2018_NZERA_Christchurch_17.pdf [pdf 160 KB] |