| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 74/09 |
| Hearing date | 28 May 2009 |
| Determination date | 05 June 2009 |
| Member | P Montgomery |
| Representation | P McBride ; J Copeland |
| Location | Queenstown |
| Parties | New Zealand Merchant Service Guild and Ors v Real Journeys Ltd |
| Other Parties | Bourne, Conrad, King-Turner |
| Summary | INJUNCTION – Applicants sought interim injunction restraining respondent from continuing restructuring process – Applicants firstly alleged dispute on application and operation of collective employment agreement (“CEA”) in restructuring setting – Applicants secondly alleged discrimination on basis of union membership in redundancy selection – Authority found applicants had arguable case regarding redundancy selection pool, discrimination and dispute regarding CEA terms on roles and selection criteria – Found difficult to accept that monetary remedies would compensate second applicants for loss of permanent employment if redundancy process continued and they were selected – Respondent argued needed to finalise next season’s schedules with two fewer launch masters at worksite – Authority found balance of convenience slightly in favour of applicants – Found overall justice favoured granting interim relief |
| Result | Application granted ; Orders made ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s104;ERA s119 |
| Cases Cited | Laker v Armourguard Security Ltd [1998] 1 ERNZ 424;X and Y Ltd v NZ Stock Exchange [1992] 1 ERNZ 863 |
| Number of Pages | 6 |
| PDF File Link: | ca 74_09.pdf [pdf 24 KB] |