| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 369/02 |
| Hearing date | 23 Dec 2002 |
| Determination date | 31 December 2003 |
| Member | A Dumbleton |
| Representation | H White ; C Toogood |
| Location | Auckland |
| Parties | NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd |
| Summary | COMPLIANCE ORDER - Redundancy - Genuine redundancies - Order sought that respondent consult with applicant and employees about selection process and implement process fairly - Whether method of selection predetermined - Meaningful consultation in good faith - No intention to mislead about purpose of assessment process - Reasonable opportunity to participate in assessment process - Failure to provide requested information was breach of statutory and contractual obligations - Information requested too late - Unjust to disrupt notice period while information made available - No compliance order - Directed to mediation - Production workers |
| Result | Application dismissed ; Referred to mediation ; Costs reserved |
| Statutes | ERA s3;ERA s4(4)(c);ERA s101(a);ERA s137;ERA s159(1)(c);ERA s160(3) |
| Cases Cited | Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239;Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;Wellington International Airport Ltd v Air NZ [1993] 1 NZLR 671 |
| Number of Pages | 10 |
| PDF File Link: | aa 369_02.pdf [pdf 76 KB] |