| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 67/04 |
| Determination date | 01 June 2004 |
| Member | P R Stapp |
| Representation | P Chemis ; P Cranney |
| Location | Wellington |
| Parties | Toll NZ Consolidated Ltd (formerly Tranz Rail Ltd) v The New Zealand Seafarers Union Inc |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Dispute about interpretation of collective employment agreement – Urgency requested – Restructuring proposal regarding on board services by disestablishing most live in positions - Alleged by respondent to be contrary to collective agreement – Urgency and public interest ground made out – Submitted challenge almost certainty - Arahura ferry in dry dock at end of July and planned to use that time for refurbishment – Arahura not in dry dock again until September 2006 - Usually prospect of challenge and costs involved of little consequence but due to public interest and strength of urgency s178(2)(b) and (d) Employment Relations Act 2000 made out - Fact that experienced representatives involved in matter also considered - Matter removed to Employment Court – By consent, costs to lie where they fall |
| Result | Application granted ; Proceedings removed to Employment Court ; Costs to lie where they fall |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |