| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 79/09 |
| Hearing date | 16 Mar 2009 |
| Determination date | 17 March 2009 |
| Member | A Dumbleton |
| Representation | L Yukich ; D Erickson |
| Location | Auckland |
| Parties | Eastern Bay Independent Industrial Workers Union & Ors v Carter Holt Harvey Ltd |
| Other Parties | J S Moengaroa & Ors |
| Summary | PRACTICE AND PROCEDURE – Applicant sought compliance with s69 Employment Relations Act 2000 (“ERA”) – Respondent opposed application and sought removal of matters to Employment Court – Respondent claimed important questions of law arises – Where collective employment agreement (“CEA”) had not been ratified, but terms of settlement proceeding CEA had been, were requirements of s51 ERA met – If s51 ERA not met, did applicants by their conduct accept ongoing employment on basis of individual employment agreement – If no, was an employment protection provision applicable to the second applicant’s employment? – If not applicable, did non-compliance with s690J ERA give grounds for injunctive relief to prevent restructuring proposed by respondent – Authority found compliance application outside of jurisdiction provided under s161(2) ERA – Found grounds for removal made out – Matter removed to Employment Court |
| Result | Application dismissed (Compliance order) ; Matter removed to Employment Court |
| Main Category | Practice & Procedure |
| Statutes | ERA s51;ERA s69;ERA s69OJ;ERA s161(2);ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | aa 79_09.pdf [pdf 16 KB] |