| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 172/02 |
| Hearing date | 7 Jun 2002 |
| Determination date | 10 June 2002 |
| Member | A Dumbleton |
| Representation | A-M Hendra ; CH Toogood QC, RL Towner |
| Location | Auckland |
| Parties | The New Zealand Amalgamated Engineering & Related Trades IUOW and Ors v Carter Holt Harvey Ltd |
| Other Parties | Holmes, Hastie, Keith |
| Summary | PRACTICE AND PROCEDURE - Application for removal of proceedings to Employment Court - Negotiations for new collective employment agreement - Alleged failure to disclose plans for restructuring - Order sought to bargain and consult in good faith - Order sought to prevent redundancies before bargaining and consultation - Main issue concerned whether respondent complied with contractual and statutory provisions - Resolution substantially dependent on factual rather than legal matter - No immediate basis for removal - Whether nature and urgency of case required removal in public interest - Effective resolution favoured mediation and lower level judicial intervention if any - Speedy resolution available from Employment Relations Authority - Removal provisions almost identical to Employment Contracts Act 1991 but to be read in context of Employment Relations Act 2000 - ERA favoured low level intervention in dispute resolution - Removal declined |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s3;ERA s4;ERA s31;ERA s32;ERA s143;ERA s177;ERA s178 |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;NZ Amalgamated Engineering Printing & Manufacturing Union (Inc) v Independent Newspapers Ltd unreported, GJ Wood, 3 August 2001, WA 51/01 |
| Number of Pages | 6 |
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