Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 391A/04
Determination date 09 December 2004
Member J Wilson
Representation J Watson ; R Towner
Location Auckland
Parties Corrections Association of New Zealand and Anor v GEO NZ Ltd and Anor
Other Parties GEO NZ Ltd, Corrections Association of New Zealand
Summary PRACTICE AND PROCEDURE - Supplementary determination - Application for stay of proceedings - Authority had determined that according to muster variation" to collective agreement respondent required to restrict number of inmates at Auckland Central Remand Prison to 340 - Respondent applied to stay order for compliance pending outcome of challenge to Employment Court - Respondent alleged it would suffer irrevocable financial loss if stay not granted - Applicant alleged its members would be denied contractual rights and continue to experience added stress as result of inmate numbers - Inconvenience to respondent and to prison system as whole if stay not granted narrowly outweighed that to applicant's members - Novel questions of law raised by respondent regarding Authority's jurisdiction and power to order compliance in particular circumstances - Compliance order stayed pending Court's decision"
Result Application granted ; Proceedings stayed ; Costs reserved
Statutes ERA s180
Cases Cited Port of Tauranga Ltd v Youard [1999] 2 ERNZ 553
Number of Pages 3
PDF File Link: PDF file not available for download, please contact us to request a copy.