| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 147/08 |
| Determination date | 01 October 2008 |
| Member | P Montgomery |
| Representation | T Wilton ; N McPhail |
| Location | Christchurch |
| Parties | Jenkins and Anor v Tyco Electronics Limited |
| Other Parties | New Zealand Amalgamated Engineering, Printing and Manufacturing Union |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Applicant sought compliance order, arrears of wages, and penalty for breach of good faith provisions of s4(6) and s4A Employment Relations Act 2000 (“ERA”) - Authority found significant legal issues likely to arise in seeking to establish nexus between breach of terms and conditions of employment and breaches of ERA good faith provisions - Another issue was application of term “not inconsistent” with terms of collective agreement - Decision from Court would assist parties materially - Some elements which constituted test case - Matter removed to Court |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(6);ERA s4A |
| Number of Pages | 3 |
| PDF File Link: | ca 147_08.pdf [pdf 16 KB] |