| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 108/02 |
| Hearing date | 9 Oct 2002 |
| Determination date | 30 October 2002 |
| Member | H Doyle |
| Representation | L Highfield ; P McHenry |
| Location | Christchurch |
| Parties | Service & Food Workers Union Incorporated v Sealord Group Ltd |
| Summary | COMPLIANCE ORDER - PENALTY - Respondents automatically passed on benefits negotiated under collective employment agreement to non-union members - Alleged breach of CEA clause prohibiting automatic passing on of benefits - Alleged breach of good faith - Individual employment agreement contained identical terms and conditions - CEA clauses did not restrict negotiation nor fetter freedom of association - Breach of CEA established - Respondent's conduct misled and deceived applicant - Conduct amounted to breach of good faith - Compliance order inappropriate remedy - Penalty appropriate |
| Result | Application dismissed (Compliance order) ; Application granted (Penalty) ; Penalty ($600)(Payable to Crown) ; Costs reserved |
| Statutes | ERA s4(1)(a);ERA s4(1)(b);ERA s32(1) |
| Cases Cited | Air New Zealand Ltd v Kippenberger [1999] 1 ERNZ 390;Mowat & Ors v NZ Stevedoring Co Ltd & Ors [1990] 3 NZILR 850 |
| Number of Pages | 8 |
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