| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 69/05 |
| Determination date | 28 April 2005 |
| Member | D Asher |
| Representation | L Highfield ; G Ogilvie |
| Location | Wellington |
| Parties | Newall and Anor v McKellar Property Services Ltd |
| Other Parties | Service & Food Workers Union |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicants alleged respondent breached part 6A, subpart 1 (ss 69A-69J) ERA, clause of collective agreement and deed of agreement – Alleged respondent failed or refused to employ first applicant when a cleaning contact lost in late 2004 by her then employer, having been won by respondent - Whether part 6A ERA applied in a situation where employer, who has a cleaning contract with another person, lost that cleaning service contract and another employer took over contract – Similar case (Gibbs & Ors v Crest Commercial Cleaning Ltd (cited below)) had been removed to Court – Important question arose other than incidentally – Part 6A was a new, significant and untested amendment to ERA – Court also had proceedings before it which involved same or similar issues- In all circumstances, Authority of opinion that Court should determine matter in its entirety – Matter removed to Court |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA part 6A subpart 1 |
| Cases Cited | Gibbs & Ors v Crest Cleaning Limited unreported, H Doyle, 12 April 2005, CA 49/05 |
| Number of Pages | 4 |
| PDF File Link: | wa 69_05.pdf [pdf 19 KB] |