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Employment Relations Act 2004

Striking out by Certification Officer of applications or complaints

338.Section 48 inserts new section 256ZA into the 1992 Act.

339.Subsection (1) of new section 256ZA provides that any part of an application or complaint to the Certification Officer can be struck out at any stage in the proceedings. The power relates both to the nature of the complaint/application itself, and to the way in which the applicant (or representative) has conducted the proceedings.

340.Subsection (3) of the new section provides that the CO may strike out a case on his own initiative or on the application of the union member or trade union concerned. Subsections (4) and (5) of the new section require the CO to notify the party against whom he proposes to make a striking out order, allowing the party to challenge the proposed order (but not if the party has already had an opportunity to do so orally).

341.Subsection (6) of the new section relates to the CO’s general power to regulate his own procedure. It clarifies that the CO will still be entitled to make further provisions about the striking out of proceedings.

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