| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139/09 |
| Hearing date | 18 Sep 2009 |
| Determination date | 18 September 2009 |
| Member | D Asher |
| Representation | M Quigg, T Sissons ; P Cranney, H McAra |
| Location | Wellington |
| Parties | KiwiRail Ltd v Maritime Union of New Zealand and Ors |
| Other Parties | New Zealand Merchant Service Guild Industrial Union of Workers Inc, Aviation and Marine Engineers Association Inc |
| Summary | PRACTICE AND PROCECURE – Application for removal to Employment Court (“EC”) – Applicant sought urgent removal to EC on three grounds – First, important question of law arose as to whether applicant could unilaterally require respondent union member employees to take annual holiday leave – Second, in public interest matter be resolved by EC as matter would have great implications for both parties – Third, in all circumstances, proper for EC to determine matter – Respondent argued no important question of law as Holidays Act 2003 made clear statutory requirements must be satisfied before applicant could compel employees to take leave – Argued no urgency because applicant chose to litigate at last minute – Argued matter not complex and complexity not grounds for removal – Applicant reduced number of ferry sailings to cope with financial difficulties – New sailing arrangement would cease after winter season end – Applicant wrote to affected respondent union member employees requesting their agreement to take annual leave as part of new arrangement – First and second respondent claimed applicant could not make such requests – Authority found no important question of law arose – Found matter not of sufficient urgency and public interest for removal – Found urgent nature of application due to applicant’s own making – Found matter best dealt with at first instance by Authority – Removal to EC declined |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d);ERA Second Schedule cl10(2);Holidays Act 2003 s18(2);Holidays Act 2003 s18(3);Holidays Act 2003 s18(4);Holidays Act 2003 s19;Holidays Act 2003 s19(2) |
| Number of Pages | 8 |
| PDF File Link: | wa 139_09.pdf [pdf 26 KB] |