| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 72/06 |
| Hearing date | 3 Mar 2006 |
| Determination date | 10 March 2006 |
| Member | V Campbell |
| Representation | M Hammond ; D France |
| Location | Auckland |
| Parties | Cutriss v Carter Holt Harvey Ltd |
| Other Parties | (Cuttriss) |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Dispute over whether particular retirement policy was term of applicant's employment which respondent unable to unilaterally delete - Retirement plan only applicable to those employed at particular site - Applicant sought removal on basis that important question of law likely to arise in matter other than incidentally - Alleged question of law was that irrespective of how certain terms might be described in employment agreement or policy documentation there were specific terms that could never be altered unilaterally - Respondent opposed removal - Authority found that applicant was looking for statement from Court as to when remunerative-based policies became so fundamental to employment agreement that could not be deleted unilaterally - Not aware of any Court cases which considered this question as other cases did not concern provisions relating to remunerative terms - Removal ordered |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Statutes | ERA s178;ERA s178(2);ERA s178(2)(a) |
| Cases Cited | Auckland Electric Power Board v Auckland Provincial District Local Authorities Officers IUOW Inc [1994] 1 ERNZ 168 ; [1994] 2 NZLR 415;Auckland Shop etc Employees etc IUOW v Woolworths (NZ) Ltd [1985] ACJ 963; [1985] 2 NZLR 372;Carter Holt Harvey Ltd v Pawson [1998] 2 ERNZ 1;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;McAlister v Air New Zealand Ltd unreported, Shaw J, 11 May 2005, AC 22/05;Waghorn v Canterbury Regional Council unreported, Palmer J, 8 September 1994, CEC 33/94 |
| Number of Pages | 3 |
| PDF File Link: | aa 72_06.pdf [pdf 13 KB] |