| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 87A/02 |
| Hearing date | 16 Sep 2002 |
| Determination date | 25 September 2002 |
| Member | A Dumbleton |
| Representation | J Beck ; B Dorking |
| Location | Christchurch |
| Parties | The New Zealand Public Service Association v Vice Chancellor, University of Otago |
| Summary | BREACH OF CONTRACT - Compliance order - Restructuring - Alleged breach of contract by externally advertising new positions - Alleged failure to provide necessary information to internal job applicants - Whether consultation effective - No breach of contract by advertising positions externally - Legal duty under State Services Act 1988 to obtain most suitable person - Duty implied need to advertise externally - Duty took precedence over employment agreement - Removal of interim injunction stopping advertising ordered - Insufficient information provided to internal employees about new positions - Failure to effectively consult - Breach of contract established - Compliance with supply of information and consultation ordered |
| Result | Application granted ; Compliance ordered ; Costs reserved |
| Statutes | ERA s137;ERA s159;ERA s160(3);State Sector Act 1988 s77G;State Sector Act 1988 s77H |
| Cases Cited | Draper v New Zealand Fire Service Commission [2001] ERNZ 277;The Principal of Auckland College of Education v Hagg [1996] 1 ERNZ 150 ; [1996] 2 NZLR 402;van Etten v Board of Trustees of John Paul College unreported, Travis J, 3 April 2000, AC 20/00 |
| Number of Pages | 9 |
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