| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 295/06 |
| Hearing date | 15 Sep 2006 |
| Determination date | 15 September 2006 |
| Member | Y S Oldfield |
| Representation | P Cranney ; S Langton |
| Location | Auckland |
| Parties | National Distribution Union and Anor v General Distributors Ltd |
| Other Parties | NZ Amalgamated Engineering, Printing Manufacturing Union, The Supply Chain Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Applicants claimed members unlawfully locked out – Had initiated proceedings in Employment Court seeking declaration that lockout unlawful and seeking injunctive relief – Lodged claim for damages for lost wages and arrears of wages in Authority – Sought to remove matters to Court – Removal sought on three grounds – First ground: that similar issues between parties before Court – Second ground: that important questions of law arose over, firstly, whether employer could lock out employees where lockout did not relate to bargaining within s83 Employment Relations Act 2000 but was instead directed at applicant’s right to bargain pursuant to s42, and secondly, whether when a lockout was conducted with view to compelling locked out employees to be bound by three separate agreements, it was unlawful on ground that none of three agreements would bind each of the employees concerned as required by s83(b)(i) ERA – Third ground: that case of such nature and urgency that was in public interest to be removed – Satisfied question of whether lockout lawful was an important one and involved consideration of novel interpretation of s83(b)(i) – Matter concerned protracted dispute subject of proceedings already before Court – Matter removed to Employment Court |
| Result | Application granted ; No order for costs |
| Statutes | ERA s42;ERA s83;ERA s83(b)(i);ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c) |
| Number of Pages | 2 |
| PDF File Link: | aa 295_06.pdf [pdf 20 KB] |