| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 100/06 |
| Determination date | 06 July 2006 |
| Member | P Montgomery |
| Representation | S Hornsby-Geluk ; P Lawson |
| Location | Christchurch |
| Parties | Christchurch City Council v The Southern Local Government Officers Union Inc |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Applicant had sought order that respondent comply with Employment Relations Act 2000 (ERA") and collective agreement - Respondent applied to remove proceedings to Employment Court and applicant agreed removal appropriate – Respondent claimed matter required complex analysis of relationship between Local Government Act 2002 and ERA, and issues of law raised would have implications for all union/employer and employees within local authorities – Respondent submitted that applicant was seeking rescinding of decision made by elected Council, which raised issues of independence of elected local authority members, issues regarding the jurisdiction of the Employment Relations Authority and the relationship with Local Government Act 2002 – Authority satisfied case required the more formal, adversarial forum provided by Employment Court - Matter removed to Court" |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Statutes | ERA s4;ERA s178(2)(a);Local Government Act 2002 |
| Number of Pages | 2 |
| PDF File Link: | ca 100_06.pdf [pdf 44 KB] |