| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 129/10 |
| Hearing date | 26 Jul 2010 - 29 Jul 2010 (2 days) |
| Determination date | 29 July 2010 |
| Member | P R Stapp |
| Representation | P Cranney, A Connor ; P McBride |
| Location | Wellington |
| Parties | Service and Food Workers Union Nga Ringa Tota Inc & Ors v OCS Ltd |
| Other Parties | Persons listed under Schedule A (attached to back of determination) |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicants sought removal of matter to EC – Respondent’s proposed restructure would reduce second applicants’ total hours of work per year – Second applicants claimed matter raises important question of law pertaining to proper interpretation of ss69N and 69N(2) Employment Relations Act 2000 (“ERA”) – Claimed in public interest matter be removed as large number of employees needed to make informed decisions about how to conduct their employment relations with respondent – Claimed appropriate in all circumstances to remove matter – Respondent supported application for removal – Authority found resolution of dispute involved interpretation of ss69N and 69N(2) ERA – Found outcome of question of law would have implications for other employers involved – Found grounds for removal made out – Matter removed to EC |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s69N;ERA s69N(2);ERA s178;ERA s178(2)(a);ERA s178(2)(b);ERA s178(2)(d);Employment Relations Amendment Act 2006 |
| Number of Pages | 6 |
| PDF File Link: | wa 129_10.pdf [pdf 19 KB] |