1 Jul 2013
THE SECRETARY FOR EDUCATION V NEW ZEALAND EDUCATIONAL INSTITUTE TE RIU ROA INC CA522/2012 [2013] NZCA 272
- Citation
- (2013) 10 NZELR 781
- Court
- Court of Appeal
The ERA confers jurisdiction to hear disputes that relate to or arise out of employment relationships; the Secretary was a named party to and bound by the collective agreement and clause 3 imposed continuing duties on the Secretary during the agreement term; s 74A SSA does not displace the ERA jurisdiction or require boards to be named such that the Secretary cannot be sued, and requiring nominal boards would produce an absurd, ineffective result, therefore the Secretary is properly named as sole respondent.