| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 175 |
| Hearing date | 12 Oct 2011 |
| Determination date | 11 November 2011 |
| Member | J Crichton |
| Representation | M Richards ; H Kynaston, R Brown, P Cranney |
| Location | Wellington |
| Parties | Healthcare of New Zealand Ltd v Capital and Coast District Health Board and Ors |
| Other Parties | Access Homehealth Ltd, Presbyterian Support Central, Public Service Association, Barr |
| Summary | DISPUTE – Applicant sought orders against respondents in respect of consequences of tendering process undertaken by first respondent in respect of provision of home and community support services – Applicant claimed Schedule 1B Employment Relations Act 2000 (“ERA”) applied to employees – Applicant claimed employees fell within outsourcing provision as were it not for contract between applicant and first respondent services would have been provided by first respondent – Respondents claimed outsourcing provision could not apply as first respondent never provided services – Authority found definition of outsourcing required first respondent to have in the past provided services using own employees and then decided to provide same service using contracted in provider – Found first respondent never provided services using own staff – Found Schedule 1B ERA did not apply to applicant’s employees – INJUNCTION – Applicant sought injunction preventing first respondent from terminating existing contract with applicant – Respondents argued nature of relief sought did not relate to employment agreement – Found essence of relief sought was stay in the conclusion of contractual relationship between applicant and first respondent – Found no sense in which relief sought was matter related to employment agreement – Found no jurisdiction to grant relief sought – Leave reserved for parties to revert to Authority for resolution of other issues relating to parties |
| Result | Questions answered in favour of respondents ; Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s162;ERA Part 6A;ERA Schedule 1B;ERA Schedule 1B cl19;ERA Schedule 1B cl20 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Wellington_175.pdf [pdf 34 KB] |