| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 344/03 |
| Hearing date | 7 Nov 2003 |
| Determination date | 12 November 2003 |
| Member | A Dumbleton |
| Representation | G Brant ; D Fleming |
| Location | Auckland |
| Parties | The Order of St John Midland Regional Trust Board v The Ambulance Officers Workplace Union Inc and Anor |
| Other Parties | The National Distribution Union Inc. |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Court - Alleged urgency - Alleged newsletter circulated amongst union members during pause in bargaining misleading or deceptive or likely to mislead or deceive - Notice of intention to strike subsequently withdrawn - Whether important question of law - Alleged AMI Insurance Ltd v Finsec Incorporated wrongly decided in two major respects - Question of law about correctness of Court decision not to be determined by Authority - Finsec did not rule out compliance orders as possible remedy for breach of s4 Employment Relations Act 2000 - Not in public interest to remove to Court - Authority not of opinion matter should be removed - Application to remove declined - Parties directed to mediation |
| Result | Application dismissed ; Parties directed to mediation ; Costs reserved |
| Statutes | ERA s3;ERA s4;ERA s4(3);ERA s90;ERA s137(1)(a)(ii);ERA s138(1);ERA s157(2);ERA s159;ERA s160(3);ERA s177;ERA s178;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d) |
| Cases Cited | AMI Insurance Ltd v Finsec Incorporated [2003] 1 ERNZ 518;AMI Insurance v Finsec Incorporated [2003] 1 ERNZ 1;Taylor Bros Ltd v Taylor Group Ltd [1988] 2 NZLR 1 |
| Number of Pages | 6 |
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