| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 155/08 |
| Determination date | 25 November 2008 |
| Member | G J Wood |
| Representation | P Cranney ; H Kynaston |
| Location | Wellington |
| Parties | National Distribution Union v Capital & Coast District Health Board |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Respondent sought to have matter removed to Court under s178(2)(a) and (d) Employment Relations Act 2000 (“ERA”) - Important question of law said to concern interpretation and application of collective employment agreement in light of changes to Holidays Act 2003 concerning minimum annual holiday entitlement - Respondent argued Court already had similar proceedings before it and matter likely to affect large number of employers and employees - Applicant did not oppose application - Authority satisfied important question of law - Grounds for removal under s178(2)(a) and (d) ERA made out - Although Authority usually best placed to deal with matters in first instance, no particular benefit in this case as similar matter before Court already - No other factors justifying declining application - Matter removed to Court |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);ERA s178(2)(d);Holidays Act 2003 |
| Number of Pages | 2 |
| PDF File Link: | wa 155_08.pdf [pdf 14 KB] |