| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 276/07 |
| Hearing date | 5 Sep 2007 |
| Determination date | 05 September 2007 |
| Member | L Robinson |
| Representation | H White ; |
| Location | Auckland |
| Parties | Unite Union Inc & Ors v Gateway Motel Ltd |
| Summary | INJUNCTION - Applicants sought urgent interlocutory orders preventing termination of all members of first applicant currently locked out by respondent and restraining respondent from contracting out catering services until substantive matters could be determined - Order preventing dismissal sought ex parte, and five more employee applicants added to claim - Dismissal letters already sent by respondent - Authority exercised discretion to resolve employment relationship problem however described and dealt with matter as application for reinstatement of employee applicants - Application for ex parte orders misconceived because what was feared appeared to be reality - Not necessary to proceed without notice because no risk notice would cause respondent to do what applicant sought to prevent - Proper applicants proceed by way of application for interim reinstatement and on notice to respondent - Authority declined to make orders sought ex parte - Application to be served on respondent - Parties directed to make themselves immediately available to discuss further steps in investigation |
| Result | Application dismissed ; Orders accordingly ; No order for costs |
| Main Category | Injunction |
| Statutes | ERA s97;ERA s127;ERA s160(3) |
| Cases Cited | Unite Union Inc v Gateway Motel Ltd unreported, M Urlich, 28 August 2007, AA 263/07 |
| Number of Pages | 4 |
| PDF File Link: | aa 276_07.pdf [pdf 21 KB] |