| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 396 |
| Determination date | 13 September 2011 |
| Member | A Dumbleton |
| Representation | S Mitchell ; G Malone |
| Location | Auckland |
| Parties | New Zealand Meat & Related Trades Workers Union Inc v Affco New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court (“EC”) – Applicant sought declaration about interpretation, application or operation of parties’ collective employment agreement (“CEA”) – Applicant sought compliance order requiring respondent to observe requirements of CEA – Application concerned members at one of respondent’s plants (“M”) and was dispute about respondent’s selection of employees for training – Similar issue subsequently arose at another of respondent’s plants (“R”) and subject of injunction application made to EC – EC had set down substantive hearing – Applicant sought removal of dispute so R and M matters could be heard at same time – Respondent consented to removal – Authority found were grounds for removal as already proceedings before EC between same parties involving related issues – Found that in all circumstances EC should determine matter – Matter to be removed |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s178 - ERA s178(2)(c) - ERA s178(2)(d) |
| Number of Pages | 2 |
| PDF File Link: | 2011_NZERA_Auckland_396.pdf [pdf 9 KB] |