| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 203/04 |
| Hearing date | 15 Jun 2004 |
| Determination date | 16 June 2004 |
| Member | A Dumbleton |
| Representation | P Muir ; G Davenport, R Wilson |
| Location | Auckland |
| Parties | Toll New Zealand Consolidated Ltd v Rail & Maritime Transport Union and Anor |
| Other Parties | New Zealand Council of Trade Unions |
| Summary | PRACTICE AND PROCEDURE - Application to remove matter to Employment Court - Respondent sold all assets and leases in particular area to another company - No requirement to pay redundancy compensation if acquiring company offered employment on same terms - Acquiring company offered same terms except agreement no longer to be multi-employer collective agreement (meca") - Whether change to single employer collective agreement meant employment not offered on same terms - Whether amalgamation of current two employer parties to meca would have rendered issue redundant - Statutory test for removal met - Important question of law did not arise as mere incident of wider dispute - Appropriate to remove all matters between parties" |
| Result | Application granted ; Orders accordingly |
| Statutes | ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d);ERA s221 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |