| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 80/07 |
| Hearing date | 23 Apr 2007, 27 Apr 2007, 7 Jun 2007, 11 Jun 2007 |
| Determination date | 16 July 2007 |
| Member | H Doyle |
| Representation | P Lawson ; S Hornsby-Geluk |
| Location | Christchurch |
| Parties | Southern Local Government Officers Union Inc v Christchurch City Council |
| Summary | PRACTICE AND PROCEDURE - Application by respondent for removal to Employment Court – Applicant opposed application – Employment relationship problem involved partial lockout by respondent of applicant union’s members – Applicant sought orders lockout unlawful under s86 Employment Relations Act 2000 (ERA"), wages and compensation - Respondent counterclaimed members unlawfully on strike, and were no health and safety concerns sufficient to justify strike on health and safety grounds - Definition of “lockout” in s62 Employment Contracts Act 1991 included an act of an employer “wholly or partially” discontinuing employment of employees - No case law to date about effect of removing words “wholly or partially” from s82 ERA definition of lockout - Authority found important question of law arose about lawfulness of a lockout under ERA, where partial reduction in work and pay occurred – Not appropriate for Authority to determine matter, then refer question of law to Court - Although matter not of extreme urgency, in public interest question be removed – No reasons not to exercise discretion to order removal – Entire matter removed to Court" |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ECA s62;ERA s82;ERA s82(1)(a)(ii);ERA s83;ERA s84;ERA s178;ERA s178(2) |
| Cases Cited | Hanlon v International Educational Foundation [1995] 1 ERNZ 1;Transportation Auckland Corporation Ltd v Marsh [1997] ERNZ 535 (CA);Witehira v Presbyterian Support Service (Northern) [1994] 1 ERNZ 578 |
| Number of Pages | 8 |
| PDF File Link: | ca 80_07.pdf [pdf 38 KB] |