| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 63 |
| Hearing date | 18-Nov-16 |
| Determination date | 01 March 2016 |
| Member | Vicki Campbell |
| Representation | P Cranney, G Liu ; R McIllraith, K Dunn |
| Location | Auckland |
| Parties | First Union Inc & Ors v Transportation Auckland Corporation Ltd and Anor |
| Other Parties | New Zealand Tramways and Public Passenger Transport Employees Union Inc, Morgan, Davis, Cityline (NZ) Ltd t/a NZ Bus |
| Summary | COMPLIANCE ORDER – Applicants sought compliance with collective employment agreement (“CEA”) - PENALTY – Applicants sought penalties for respondent’s breaches of CEA and duty of good faith – Bus drivers |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent breached CEA by failing to consult properly before promulgating new rosters. Respondents did not breach CEA by promulgating rosters 4.5 weeks in advance because they were rescheduled rosters and only required 4 weeks’ notice. Not appropriate to order respondent to undergo consultation process again since rosters in place for more than 6 months, but necessary to order compliance for future consultations. Compliance ordered.;PENALTY: Respondent breached duty of good faith by not meeting duty to consult. Employees negatively impacted by new rosters. Need for deterrence. $10,000 penalty appropriate. |
| Result | Applications granted ; Compliance ordered ; Penalty ($10,000)(payable to Crown) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s4;ERA s4(4)(b);ERA s4(4)(c);ERA s4(4)(d);ERA s4(1A)(b);ERA s136(2);ERA s137(2);ERA s174E;Health and Safety in Employment Act 1992 |
| Cases Cited | Auckland City Council v New Zealand Public Service Association Inc [2004] 2 NZLR 10 (CA);McCullough v NZ Fire Service Commission [1998] 3 ERNZ 378 (EmpC);Tan v Yang [2014] NZEmpC 65, [2014] ERNZ 733;Toll NZ Consolidated Ltd v Rail and Maritime Transport Union Inc [2004] 1 ERNZ 392 (EmpC) |
| Number of Pages | 16 |
| PDF File Link: | 2016_NZERA_Auckland_63.pdf [pdf 263 KB] |