| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 32 |
| Hearing date | 2-Dec-16 |
| Determination date | 13 March 2017 |
| Member | P van Keulen |
| Representation | P Churchman QC ; T Cleary |
| Location | Ashburton |
| Parties | NZ Meat Workers and Related Trades Union Incorporated v Silver Fern Farms Ltd |
| Summary | DISPUTE - Parties disputed whether restructure was genuine and carried out in fair manner - Whether restructuring process used to change work conditions - PENALTY - GOOD FAITH - Applicant sought penalty for respondent’s breach of good faith - INJUNCTION - Applicant sought injunction preventing respondent from continuing restructure |
| Abstract | AUTHORITY FOUND -;DISPUTE: While economic basis to consider restructure, restructure not genuine because underlying work remained the same. Workers performing same duties as those prior to restructure. Only hours of work and hourly rate changed. Changes to work conditions subject to particular process in collective agreement. Question answered in favour of applicant.;PENALTY - GOOD FAITH: Respondent failed to meet obligations to consult adequately. Failure to provide sufficient information and respond to questions. Failures breach of good faith. Use of restructuring to change work conditions not breach of good faith as not sham designed to mislead or deceive. Breach of good faith not deliberate. No penalty.;INJUNCTION: Parties directed to consult pursuant to collective agreement. Not appropriate to grant injunction. |
| Result | Applications dismissed (injunction)(penalty) ; Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(1A) ; ERA s4A ; ERA s174D(2) ; ERA s174D(3) |
| Cases Cited | Gilbert v Transfield Services (New Zealand) Ltd [2013] NZEmpC 71, [2013] ERNZ 135;Quan Enterprises Ltd v Fair [2011] NZEmpC 97 |
| Number of Pages | 12 |
| PDF File Link: | 2017_NZERA_Christchurch_32.pdf [pdf 184 KB] |