| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 115 |
| Hearing date | 29-Jun-16 |
| Determination date | 22 September 2016 |
| Member | T MacKinnon |
| Representation | P Churchman, C Kenworthy ; G Malone, M Williams |
| Location | Wanganui |
| Parties | The New Zealand Meat Workers & Related Trades Union Inc v Land Meat New Zealand Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with s 32 Employment Relations Act 2000 – PENALTY – GOOD FAITH – Applicant sought penalty for respondent’s breach of good faith |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: Respondent did not use best endeavours to enter into bargaining process agreement (“BPA”) in breach of s 32. Compliance ordered.PENALTY – GOOD FAITH: Respondent’s failure to engage in any meaningful way over BPA deliberate, serious and sustained breach of good faith. $15,000 penalty appropriate. |
| Result | Applications granted ; Orders made ; Penalty ($15,000)(payable to Crown) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s4 ; ERA s4A ; ERA s32(1)(a) ; ERA s137(1)(a)(ii) ; ERA s174E(b)(i) |
| Cases Cited | Association of Staff Inc v Vice-Chancellor of the University of Auckland [2005] ERNZ 224 (EmpC) ; Hospital Products Ltd v United States Surgical Corp [1984] HCA 64, (1984) 156 CLR 41 ; NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Independent Newspapers Ltd (2001) 6 NZELC 96,360 |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Wellington_115.pdf [pdf 254 KB] |