| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 148/03 |
| Determination date | 08 October 2003 |
| Member | P R Stapp |
| Representation | B Russell (in person) ; D Fleming |
| Location | Wellington |
| Parties | Russell v National Distribution Union |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged incorrect counting of ratification votes - Alleged more abstentions and votes against ratification than recorded - Insufficient evidence to substantiate claim - Authority had jurisdiction to address claim - Could not cancel or vary collective agreement - Disadvantage claim dismissed - DISPUTE - Whether flawed delegate voting system - Alleged non-acceptance of nominations - Insufficient evidence - Attention drawn to unsatisfactory state of respondent's rules - PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Not important question of law - Matter largely factual - Removal declined |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4(2)(c);ERA s51(2);ERA s137(1)(a)(ii);ERA s137(2);ERA s161(1)(k);ERA s163;ERA s194 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |