| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 121 |
| Hearing date | 16-Jun-17 |
| Determination date | 07 July 2017 |
| Member | C Hickey |
| Representation | C Kenworthy ; M Willaims |
| Location | Christchurch |
| Parties | New Zealand Meat Workers and Related Trades Union Inc. v South Pacific Meats Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance order for respondent’s failure to allow officials access to workplace – PENALTY – Applicant sought penalty for respondent’s failure to allow officials access to workplace |
| Abstract | AUTHORITY FOUND –;COMPLIANCE ORDER: Respondent obstructed applicant’s official in doing what was reasonably necessary to purpose for entering workplace. Respondent unable to use trespass order to deny official access to workplace. No valid basis for respondent to withhold consent to official entering workplace. Compliance ordered.;PENALTY: Two breaches. Applicant’s official acting reasonably within rights when entering workplace and was assaulted by respondent’s worker. Applicant’s official should not have tried to push door open when denied access. Respondent well resourced and successful business. $28,000 penalty appropriate. |
| Result | Applications granted ; Compliance ordered ; Penalty ($28,000)(payable to applicant) ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s3 ; ERA s4(4)(f) ; ERA s19 ; ERA s20 ; ERA s20A ; ERA s20A(2) ; ERA s21 ; ERA s21(2)(c) ; ERA s22 ; ERA s25 ; ERA s25(a) ; ; ERA s26(b) ; ERA s135 ; ERA s137(1)(a)(ii) ; Property Law Act 2007 ; Summary Offences Act 1981 s3 ; Trespass Act 1980 s13(c) |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143;Lumsden v SkyCity Management Ltd [2017] NZEmpC 30;National Distribution Union Inc v Carter Holt Harvey Ltd [2001] ERNZ 822 (EmpC);New Zealand Amalgamated Engineering, Printing and Manufacturing Union Inc v Sitel New Zealand Ltd ERA Wellington WA31/08, 25 March 2008;New Zealand Meat Workers Union Inc v South Pacific Meats Ltd [2012] NZERA Christchurch 21;New Zealand Meat Workers and Related Trades Union Inc v South Pacific Meats Ltd [2014] NZERA Christchurch 141;New Zealand Meat Workers Union Inc v South Pacific Meats Ltd [2016] NZERA Christchurch 13 |
| Number of Pages | 24 |
| PDF File Link: | 2017_NZERA_Christchurch_121.pdf [pdf 403 KB] |