| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 49/09 |
| Determination date | 16 April 2009 |
| Member | P Montgomery |
| Representation | A Shakespeare ; P Shaw |
| Location | Christchurch |
| Parties | Macfarlane v Canterbury District Health Board |
| Summary | PRACTICE AND PROCEDURE - Respondent sought order from Authority that applicant withdraw notice of dispute on three grounds - First ground that applicant had no standing to bring claim under s129(1) Employment Relations Act 2000 (“ERA”) - Respondent claimed applicant not and could not be bound by expired collective employment agreement (“CEA”) and thus unable to pursue dispute - Further claimed dispute must relate to current employment agreement - Applicant accepted CEA expired but insofar as historical obligations concerned remained “person bound by the agreement” - Claimed in spite of CEA’s expiration respondent and PSA continued to be parties to CEA and so had standing - Claimed must have standing to bring dispute as bound by CEA when in force - Second ground that applicant failed to comply with requirements of s129(2) ERA regarding giving notice - Respondent claimed dispute could not proceed where notice not given to PSA as party to CEA - Applicant stated PSA on notice of dispute and notice criteria set out in s129(2) ERA fulfilled - Third ground that no dispute or problem in relation to applicant’s entitlement to annual or long service leave - Respondent alleged lack of supporting evidence for applicant’s claims and that claims unclear - Authority accepted applicant’s submission that applicant remained “person bound by the agreement” - Found would be nonsense to exclude applicant from seeking resolution of dispute under terms of CEA when respondent and PSA continued to have standing - Authority found appeared PSA aware of applicant’s claim but applicant’s counsel directed to formally notify PSA forthwith - Authority found applicant’s evidence sufficiently clear to determine nature of claim - Applicant’s counsel to promptly advise quantum sought by applicant in respect of personal grievance claim - Application dismissed |
| Result | Application dismissed ; Orders made ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s129(1);ERA s129(2) |
| Number of Pages | 3 |
| PDF File Link: | ca 49_09.pdf [pdf 25 KB] |