| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 375/07 |
| Hearing date | 28 Nov 2007 |
| Determination date | 29 November 2007 |
| Member | Y S Oldfield |
| Representation | S Mitchell ; A Caisley |
| Location | Auckland |
| Parties | Service and Food Workers Union v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for adjournment – Applicant applied for facilitation before parties attempted mediation – Parties accepted need for, and attended, mediation – However, applicant sought to continue facilitation application in case outcome of talks not favourable – Respondent opposed adjournment – Submitted facilitation application could not be put aside in case of “rainy day” and applicant should either proceed with original application or acknowledge no basis for facilitation at this time and withdraw it – Applicant’s argument would effectively require Authority to accept facilitation application could be made on contingent basis, to be activated should circumstances develop to reach threshold in s50 Employment Relations Act 2000 – Not consistent with good faith approach to bargaining – Grounds in s50B couched in past tense and depended on preconditions having been met – Not appropriate to put application on hold in case preconditions met at future stage – Open to parties to apply again should circumstances change – Application for adjournment declined – Applicant withdrew application for facilitation |
| Result | Application dismissed ; Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s50;ERA s50B;ERA s50C(1)(d) |
| Number of Pages | 3 |
| PDF File Link: | aa 375_07.pdf [pdf 17 KB] |