| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 181/07 |
| Determination date | 19 June 2007 |
| Member | R A Monaghan |
| Representation | S Mitchell ; P Muir |
| Location | Auckland |
| Parties | Maritime Union of New Zealand Inc & Ors v TLNZ Ltd |
| Other Parties | Nee, Toleafoa & Smart |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Both parties consented to removal – Applicant claimed respondent’s new policy to test for presence of drugs and alcohol in employees and potential employees unlawful – Policy provided for pre-employment, post accident, post incident and reasonable cause testing – Applicant claimed respondent sought to impose oppressive policy on stevedores not working in “safety sensitive” areas – Also claimed urine testing unnecessarily intrusive and less intrusive avenues open - Respondent contended all work sites “safety sensitive” – Authority accepted Court would need to determine whether NZ Amalgamated Engineering etc Union Inc v Air New Zealand (cited below) applicable where safety issues rather than public safety issues arose – Key issue whether in light of recent technological developments, urine testing no longer appropriate and could now be considered unreasonably intrusive – Needed to address relationship between drug and alcohol testing and workplace safety in waterfront industry specifically, but also in terms that extended to wider public interest – Matters of such significance that should be removed to Employment Court, particularly given effluxion of time and nature of technological developments since Air New Zealand – Removal ordered |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2) |
| Cases Cited | NZ Amalgamated Engineering, Printing and Manufacturing Union Inc v Air New Zealand Ltd [2004] 1 ERNZ 614 |
| Number of Pages | 4 |
| PDF File Link: | aa 181_07.pdf [pdf 18 KB] |