20 Oct 2010
THE NEW ZEALAND FIRE SERVICE COMMISSION V MCCULLOCH & ANOR HC AK CIV-2009-404-1088
- Citation
- openlaw-af57176e_4376_4110_b124_03a287ac5cd6.pdf
- Court
- High Court
It was at least reasonably arguable that the Union's ban on applying for acting up positions constituted a 'strike' under s81(1)(a)(i) and (iv) of the Employment Relations Act 2000 and that the defendants' subsequent pressure on the appointees resulted from or was related to that ban; accordingly the Employment Court has prima facie exclusive jurisdiction and the appropriate remedy is to stay the High Court proceeding pending determination by the Employment Court, with a condition that the defendants apply to the Employment Court within 28 days for a declaration under s99.