| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 226 |
| Hearing date | 6 May 2014 |
| Determination date | 10 June 2014 |
| Member | E Robinson |
| Representation | T Oldfield ; K Dunn |
| Location | Rotorua |
| Parties | Pulp and Paper Industry Council of the Manufacturing and Construction Union Inc and Ors v Norske Skog Tasman Ltd |
| Other Parties | Nuku, Houkamau |
| Summary | DISPUTE - Parties disputed whether second and third applicant's employment as fixed term employees breached parties' collective agreement (CA") - Whether second applicants employment on fixed term breached ERA - UNJUSTIFIED DISADVANTAGE - Applicants claimed unjustifiably disadvantaged by being appointed to fixed term role - COMPLIANCE ORDER - Applicants sought compliance with parties CA - Whether respondent required to make applicants' position permanent - BREACH OF CONTRACT - PENALTY - Applicants sought penalty against respondent for breach of CA" |
| Abstract | AUTHORITY FOUND -;DISPUTE: CA required second and third applicant's position to be permanent. No breach of ERA.;UNJUSTIFIED DISADVANTAGE: Disadvantage derived solely from misinterpretation and application of CA. No unjustified disadvantage.;COMPLIANCE ORDER: Breach of CA could be remedied by appointment of applicants to permanent positions. Compliance ordered.;BREACH OF CONTRACT - PENALTY: Breach of CA deliberate, however respondent acted in good faith once breach raised. $2,000 penalty appropriate. |
| Result | Applications granted (dispute)(compliance order)(penalty); Compliance ordered; Penalty ($2000)(payable to first applicant); Application dismissed (unjustified disadvantage); Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s66;ERA s66(1);ERA s103(3);ERA s134(1);ERA s137(1)(a)(i) |
| Cases Cited | Airline Stewards & Hostesses of NZ IUOW v Air New Zealand Ltd [1990] 1 NZILR 1027;Canterbury Westland Free Kindergarten Association (t/a Kidsfirst Kindergartens) v New Zealand Educational Institute [2004] 1 ERNZ 547;Carter Holt Harvey v McAuley [2012] ERNZ 76;Norske Skog Tasman Ltd v Clarke [2004] 3 NZLR 323; (2004) 7 NZELC 97,459; [2004] 1 ERNZ 127;NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (New Zealand) Ltd [2011] NZEmpC 135; [2011] ERNZ 409;Red Beach School Board of Trustees v New Zealand Education Institute (Inc) unreported, Couch j, 20 Mar 2007, AC13/ 07;NZ Resident Doctors Assn v Waikato Health Board [1992] 1 ERNZ 582;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5; [2010] 2 NZLR 444; (2010) 9 NZBLC 102,874; [2010] NZCCLR 23;Xu v McIntosh [2004] 2 ERNZ 448 |
| Number of Pages | 18 |
| PDF File Link: | 2014_NZERA_Auckland_226.pdf [pdf 305 KB] |