| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 236/07 |
| Hearing date | 7 Aug 2007 |
| Determination date | 08 August 2007 |
| Member | A Dumbleton |
| Representation | P Cranney ; S Wilson |
| Location | Auckland |
| Parties | Service and Food Workers Union Nga Ringa Tota v Spotless Services (NZ) Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court – Claim for arrears of wages – Important questions of law likely to arise – Whether employer liable to unlawfully locked out employees for wages lost – Whether liability (if any) reduced or eliminated if employer received strike notices in respect of period of unlawful lock out - Key aspect of parties’ dispute already decided by Court – More efficient for Court to deal with whole application rather than remove question of law - Authority less persuaded by applicant’s urgency argument - Real concern whether genuine circumstances of urgency likely to be met by removing a matter to Court, although in this case Court assured quick disposal – Matter removed to Court |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s177;ERA s178;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | aa 236_07.pdf [pdf 17 KB] |