| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 206/09 |
| Determination date | 21 December 2009 |
| Member | D Asher |
| Representation | P Cranney ; A Sheriff |
| Location | Wellington |
| Parties | The New Zealand Public Service Association Inc v Ministry of Justice |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court (“EC”) - Applicant sought removal under s178(2)(a), (b), and (d) Employment Relations Act 2000 (“ERA”) - Respondent claimed only ground under s178(2)(a) ERA made out - Authority found lack of reasoning provided by both parties - However, Authority found were important questions of law including whether or when bargaining could be said to have ended - Found as collective dispute involving large numbers of court staff case was of such nature and urgency that in public interest be immediately removed - Found application for removal advanced and supported by senior employment law practitioners - Found in all circumstances EC should determine matter - Grounds for removal under s178(2)(a), (b), and (d) ERA made out - Matter removed to EC |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s178(2);ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d) |
| Number of Pages | 3 |
| PDF File Link: | wa 206_09.pdf [pdf 22 KB] |