| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 308/06 |
| Hearing date | 12 Apr 2006 |
| Determination date | 03 October 2006 |
| Member | D King |
| Representation | P Cranney ; P Muir & R Price |
| Location | Auckland |
| Parties | Association of University Staff Inc v Vice-Chancellor of the University of Auckland |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant alleged respondent repeated conduct previously held to be illegal by Court - Also alleged breach of good faith and breach of agreement between parties - Submitted all three causes of action relied in part on earlier Court decision - Proceedings related to communications to non-union members and good faith obligations - Respondent claimed issues already determined and sought to strike out first cause of action and certain allegations on basis of res judicata and estoppel arguments - Authority did not think novel or new questions of law - Issues related to particular circumstances of case and Authority ideal forum for determination - Important question of law not likely to arise other than incidentally - Section s178(2)(b) Employment Relations Act 2000 required case be of such nature and urgency" it should be removed in public interest - No claim by applicant case urgent - No current proceedings before Court to justify removal - Type and number of respondent's claims did not in itself constitute circumstances in which removal should be ordered - Authority often dealt with interlocutory proceedings - Authority about to issue determination when Employment Court released Axiom Rolle PRP Valuations Services Ltd v Kapadia (cited below) - Parties given opportunity to make further submissions - Authority accepted retained jurisdiction to make some permanent injunctions - Grounds for removal not satisfied" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s32(1)(d)(iii);ERA s42;ERA s45;ERA s178(1);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(c);ERA s178(2)(d) |
| Cases Cited | Association of University Staff Inc v Vice-Chancellor of the University of Auckland [2005] 1 ERNZ 224 ; (2005) 7 NZELC 97,814;Axiom Rolle PRP Valuations Services Ltd v Kapadia (2006) 3 NZELR 390;Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74;Sprott v Centre for Advanced Medicine Ltd unreported, M Urlich, 25 February 2005, AA 71/05 |
| Number of Pages | 5 |
| PDF File Link: | aa 308_06.pdf [pdf 38 KB] |