| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 383/09 |
| Determination date | 30 October 2009 |
| Member | D King |
| Representation | J Lawrie ; L Marsden |
| Location | Auckland |
| Parties | New Zealand Nurses Organisation Inc v Te Puna Hauora O Te Raki Paewhenua Society Inc |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant sought removal to EC - Respondent opposed removal - Applicant’s members employed by M�ori and Iwi health provides - Members previously covered by multi employer collective agreements (“MECA”), single employer collective agreements and individual agreements - Applicant initiated bargaining for MECA - Respondent failed to engage in process and sought to withdraw from negotiations - Applicant claimed respondent not active and constructive in establishing and maintaining productive employment relationship - Respondent claimed applicant disregarded accepted Maori protocols of consultation - Claimed unique aspect that Maori had treaty relationship with Crown ignored and disrespected by applicant and that Tikanga process of consultation with all Maori organisations should have taken place individually taking into consideration that target was specifically Maori - Respondent sought Authority ruling could maintain status quo and applicant cease negotiations with other Maori providers until culturally appropriate processes of engagement fulfilled - Authority found question of law arising other than incidentally - Question whether failure to abide by respondent’s cultural practices constituted reason not to conclude bargaining - Found question strongly influential in deciding matter - Found unlikely parties would resolve matter themselves - Found Authority determination likely to be challenged given importance of issues to parties - Application granted - Matter removed to EC |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s43;ERA s178(1);ERA s178(2) |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 4 |
| PDF File Link: | aa 383_09.pdf [pdf 18 KB] |