| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 56 |
| Hearing date | 23 & 24 Feb 2016 (2 days) |
| Determination date | 23 May 2016 |
| Member | Trish MacKinnon |
| Representation | J Roberts, J Sharman ; K Radich |
| Location | Wellington |
| Parties | Corrections Association Of New Zealand Inc v Chief Executive of the Department of Corrections |
| Summary | DISPUTE – Parties disputed interpretation of clauses in Collective Employment Agreement (“CEA”) – Whether respondent disestablished role without consultation – COMPLIANCE ORDER – Applicant sought compliance with CEA – BARGAINING – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith during bargaining – Senior case manager |
| Abstract | AUTHORITY FOUND -;DISPUTE: Senior case manager position disestablished. Respondent unilaterally removed position and salary scale. Specific opportunity for advancement identified in CEA removed. Necessary to vary CEA to remove position contained in coverage provisions. Employee’s ability to receive higher duties allowance not breached. Respondent did not breach good employer obligations. Question relating to unilateral variation answered in favour of applicant and questions relating to application of higher duties allowance and employer obligations answered in favour of respondent;COMPLIANCE ORDER: Circumstances not appropriate to order compliance. Respondent did not reject proposed variation to CEA. Appropriate for parties to resume dialogue to reach agreement. Application dismissed.;BARGAINING – PENALTY – GOOD FAITH: No agreement between parties to review duties and responsibilities of case manager and senior case manager positions. No breach of good faith. |
| Result | Questions answered in favour of applicant ; Questions answered in favour of respondent ; Applications dismissed (compliance order)(penalty) ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(1)(a);ERA s4(1)(b);ERA s4(2)(a);ERA s137;ERA s174E;State Sector Act 1988 s56;State Sector Act 1988 s56(2) |
| Cases Cited | Aviation and Marine Engineers Association Inc v Air New Zealand Ltd [2013] NZEmpC 172;New Zealand Tramways & Public Passenger Transport Authorities Employers IUOW (Wellington Branch) v Cityline (NZ) Ltd t/a Cityline Hutt Valley [2007] ERNZ 667 (EmpC) |
| Number of Pages | 15 |
| PDF File Link: | 2016_NZERA_Wellington_56.pdf [pdf 208 KB] |