| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 49/05 |
| Determination date | 12 April 2005 |
| Member | H Doyle |
| Representation | D Sim ; R Farry |
| Location | Christchurch |
| Parties | Gibbs and Anor v Crest Commercial Cleaning Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal of matter to Employment Court – Applicants formerly employed by third party which held a cleaning contract with the Dunedin Kindergarten Association (“DKA”) – Contract expired and DKA contracted with respondent for the cleaning work – Applicants alleged situation was one of restructuring under subpart 1 of Part 6A ERA – Important question of law - Whether Part 6A applicable in situation where one independent contract has ended and another commenced – Question of law affected large numbers of employees and employers and was of significance generally – Problem removed to Employment Court |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA part 6A subpart 1;ERA s178;ERA s178(2)(a) |
| Number of Pages | 2 |
| PDF File Link: | ca 49_05.pdf [pdf 15 KB] |