Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 218/04
Determination date 28 June 2004
Member R A Monaghan
Representation B Manning ; A Caisley
Location Auckland
Parties Bennett-Law and Ors v Auckland District Health Board
Summary JURISDICTION - Employment agreement specified procedures for resolving disputes by mediation and arbitration - Whether Authority had jurisdiction to resolve dispute about application of employment agreement - Sections 155(3), 161(1) and 238 Employment Relations Act 2000 applied - Employment agreement could not exclude jurisdiction of Authority either as general proposition or in relation to particular area - Parties may agree to submit matter to arbitration but option of approaching Authority always remained - Respondent to file statement in reply
Result Question answered in favour of applicant ; Orders accordingly ; Costs reserved
Statutes Arbitration Act Fourth Schedule cl8.1;Arbitration Act Fourth Schedule cl10;ERA s143;ERA s155;ERA s155(3);ERA s161;ERA s161(1);ERA s238
Number of Pages 3
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