| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 143/08 |
| Determination date | 17 April 2008 |
| Member | Y S Oldfield |
| Representation | R McCabe ; K Thompson |
| Location | Auckland |
| Parties | New Zealand Airline Pilots Association Inc v Air Nelson Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant had sought declaration as to lawfulness and effect of notice of intention to strike - Urgency sought and granted - Respondent applied to have matter removed - Removal not opposed - Respondent argued two important questions of law arose and Court should determine matter - First question whether notice of intention to strike met notice requirements of s90(3) Employment Relations Act 2000 - Second question whether pilot's failure to be “in position” at conclusion of specified period amounted to strike action - Authority satisfied questions raised were important questions of law - Respondent argued Court should determine issues as likely to be recurring, of importance to all parties, of wider significance, regardless of outcome likely to be challenged, and removal would expedite final determination of issues - Both grounds of removal made out - Matter removed to Court |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s81(1);ERA s90(3);ERA s178;ERA s178(2) |
| Cases Cited | Air New Zealand v FARSA [2002] 2 ERNZ 770 |
| Number of Pages | 4 |
| PDF File Link: | aa 143_08.pdf [pdf 21 KB] |