| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 487/05 |
| Determination date | 16 December 2005 |
| Member | J Scott |
| Representation | P Bartlett ; E Butcher |
| Location | Auckland |
| Parties | Tertiary Institutes Allied Staff Association Inc (TIASA) v Unitec Institute of Technology |
| Summary | PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court - Respondent alleged important question of law likely to arise other than incidentally - Alleged determination sought by applicant would involve application and interpretation of new s59B Employment Relations Act 2000 (ERA") about breach of duty of good faith to pass on terms and conditions agreed in collective bargaining - Alleged would require determination of terms which were new and had not yet had judicial consideration including "agree", "undermining", "intention", "effect" and "bargaining" - Applicant opposed removal - Section 59B ERA went to heart of problem and outcome likely to have ramifications beyond particular facts of case - Very important question of law arose in matter other than incidentally - New terms had to be considered and terms that had been subject to judicial consideration under previous legislation could require reconsideration in light of objects and substantive provisions of ERA and amendments - Matter removed" |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA s59B;ERA s59B(1);ERA s59B(2);ERA s59B(3);ERA s59B(4);ERA s59B(6);ERA s59B(6)(a);ERA s59(7);ERA s178;ERA s178(2)(a);ERA s178(3);ERA s178(5) |
| Cases Cited | Association of University Staff Inc v The Vice-Chancellor of The University of Auckland [2005] 1 ERNZ 224;Auckland District Health Board v X [2005] 1 ERNZ 551;Capital Coast Health Ltd v NZ Medical Laboratory Workers Union Inc [1995] 2 ERNZ 305 ; [1996] 1 NZLR 7;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;New Zealand Fire Service Commission v Ivamy [1996] 1 ERNZ 85 ; [1996] 2 NZLR 587 |
| Number of Pages | 4 |
| PDF File Link: | aa 487_05.pdf [pdf 25 KB] |