| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 173/09 |
| Determination date | 29 May 2009 |
| Member | R A Monaghan |
| Representation | S Mitchell ; R McIlraith |
| Location | Auckland |
| Parties | Maritime Union of New Zealand & Ors v Ports of Auckland Ltd |
| Other Parties | Phillips & 30 Ors |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Respondent did not oppose removal - Applicants began bargaining for new collective employment agreement – Second applicants subsequently made redundant – Applicants claimed grounds for removal met – Claimed whether redundancy genuine was important question of law – Second was matter of urgency – Third in public interest matter be resolved quickly – Fourth applicants intended to file injunction restraining allegedly unlawful lockout so same parties and same facts would be before Authority and EC – Fifth in all circumstances EC should determine matter – Authority found EC did not have proceedings between same parties involving same facts yet – Ground for removal not made out – Authority accepted parties’ other submissions – Matter removed to EC |
| Main Category | Practice & Procedure |
| Statutes | ERA s103A;ERA s178;ERA s178(2)(c) |
| Number of Pages | 3 |
| PDF File Link: | aa 173_09.pdf [pdf 11 KB] |