| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 70 |
| Determination date | 28 February 2013 |
| Member | J Crichton |
| Representation | J Kilpatrick (in person) ; B Edwards |
| Parties | Kilpatrick v Flight Attendants & Related Services (NZ) Association (FARSA) |
| Summary | COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought order applicant’s claims frivolous or vexatious – JURISDICTION – Whether applicant employee or volunteer – Applicant claimed unjustifiably disadvantaged by respondent – Applicant member of respondent’s welfare committee – GOOD FAITH – Whether respondent acted in good faith when decided to withdraw invitation for applicant to be part of welfare committee |
| Abstract | AUTHORITY FOUND –;COUNTERCLAIM – PRACTICE AND PROCEDURE: Applicant’s claim employed by respondent wide of mark but unions had statutory obligation to treat members in good faith. Applicant’s claims not frivolous or vexatious.;JURISDICTION: Applicant member of respondent’s welfare committee in capacity as member of respondent rather than as employee. No employment relationship between applicant and respondent. Applicant volunteer. No jurisdiction to consider applicant’s unjustified disadvantage claim.;GOOD FAITH: Respondent obligated to treat applicant in good faith. Applicant invitee to welfare committee and vulnerable to having status revoked at any time. Respondent’s action not arbitrary or capricious. Respondent did everything reasonably possible to engage with applicant. No breach of good faith duty. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s4;ERA s4(2)(c);ERA s6;ERA Second Schedule cl12A |
| Cases Cited | NZ (with exceptions) Shipwrights etc Union v NZ Amalgamated Engineering etc IUOW (1989) ERNZ Sel Cas 516;Norman v Matthews (1916) 85 LJ KB 857 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Auckland_70.pdf [pdf 150 KB] |