| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 75 |
| Hearing date | 18 Feb 2011 |
| Determination date | 28 February 2011 |
| Member | J Wilson |
| Representation | S Mitchell ; G Malone |
| Location | Whangarei |
| Parties | NZ Meat Workers Union of Aotearoa Inc v Affco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Union sought removal on grounds important questions of law likely to arise – Respondent did not oppose removal – Applicant alleged respondent failed to meet obligations of good faith and took actions intended to undermine Collective Employment Agreement (“CEA”) – Applicant claimed respondent failed to comply with seniority provisions of CEA – Parties questioned whether seniority clause in CEA required seniority to be afforded to all employees or only union members; whether clause complied with by respondent if respondent laid off and re-engaged union members in accordance with seniority of members between themselves; and whether employees on individual employment agreements (“IEAs”) may be laid off and re-engaged in accordance with different criteria under IEAs – Authority found important question of law likely to arise in relation to matter – Matter removed to EC |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s9;ERA s56;ERA s65;ERA s178;ERA s1178(2)(a);ERA s178(2)(b) |
| Cases Cited | NZ Meat Workers Union v Richmond [1992] 3 ERNZ 643;NZ Meat Workers Union v Alliance Group [2006] ERNZ 664;NZ Meat Workers and Related Trades Union v AFFCO NZ Ltd [2010] NZEMPC 62 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_75.pdf [pdf 27 KB] |