| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 332 |
| Hearing date | 19 - 20 Sep 2016 (2 days) |
| Determination date | 29 September 2016 |
| Member | T Tetitaha |
| Representation | L Yukich ; K Dunn |
| Location | Tauranga |
| Parties | Eastern Bay Independent Industrial Workers' Union 1995 Inc and Ors v TSNZ Pulp & Paper Maintenance Ltd |
| Other Parties | Herewini and 16 Ors |
| Summary | COMPLIANCE ORDER – Applicants sought compliance with representation about terms and conditions of employment – ARREARS OF WAGES – Applicants sought arrears of wages |
| Abstract | AUTHORITY FOUND –COMPLIANCE ORDER: No clear and unambiguous promise made to applicants. No evidence of reliance by or detriment to applicants. No evidence that applicants took any proactive steps at time to ensure future employees covered by same reassurances. No evidence unconscionable for respondent to enforce terms and conditions set out in collective agreement. Insufficient evidence to show breach of good faith occurred. No evidence to show that respondent’s conduct misleading or deceiving, or whether applicants actually deceived or misled. Application for compliance dismissed.ARREARS OF WAGES: Respondents not required to pay applicants arrears of wages. No arrears of wages. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | Fair Trading Act 1986 s12 |
| Cases Cited | Harris v TSNZ Pulp & Paper Maintenance Ltd [2015] NZEmpC 43 ; Hutton v Provencocadmus Ltd (In rec) [2012] NZEmpC 207, [2012] ERNZ 566 ; White v Bank of New Zealand [2013] NZHC 1087 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_332.pdf [pdf 171 KB] |