| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 78/04 |
| Determination date | 21 June 2004 |
| Member | G J Wood |
| Representation | P McBride ; P Chemis |
| Location | Wellington |
| Parties | New Zealand Merchant Service Guild IUOW v Toll NZ Consolidated Ltd |
| Summary | PRACTICE AND PROCEDURE - Joint application for removal of proceedings to Employment Court - Interpretation and operation of collective agreement - Urgency requested - Services restructured by disestablishing information officer positions - Whether contrary to collective agreement - No important question of law likely to arise other than incidentally - Restructuring date unable to be altered - Difficult to determine any particular matter directly affecting public interest - Problem related to another case involving different union which had been removed to Employment Court - Application could not be made under Employment Relations Act 2000 s178(2)(c) because different parties - Parties prepared to waive right to investigation into problem - Experienced representatives - Similarity to case already removed to Employment Court - Urgency in matter and some overlay of public interest - Application removed under s178(2)(d) |
| Result | Application granted ; Matter removed to Employment Court |
| Statutes | ERA s178(2) |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |