| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 119/03 |
| Hearing date | 10 Apr 2003 - 11 Apr 2003 (2 days) |
| Determination date | 29 April 2003 |
| Member | A Dumbleton |
| Representation | R McCabe ; R McKenzie, K McKenzie |
| Location | Auckland |
| Parties | More v Commerical Helicopters Ltd t/a Mountain Air |
| Summary | BREACH OF CONTRACT - Bargaining for collective agreement - Respondent made statement about union to employees with a view to persuading them to stop collective bargaining - Collective bargaining had ceased by time of investigation meeting - Alleged breach of implied term of trust and confidence - Respondent's conduct not calculated to damage or destroy relationship with applicant but at least likely to damage relationship - Trust undermined by threat of job loss - Statement breached implied term - Applicant's delay in lodging application indicated breach not serious - Alleged breach of duty of good faith - Arguable statement breached duty of good faith but determination would serve no useful purpose since bargaining discontinued - Factors such as resources and operating environment relevant when determining whether breach of good faith - Formal determination regarding good faith no longer sought - PENALTY - Statement not directed solely at applicant - Delay in raising claim for penalty - Penalty not appropriate - Declaration or compliance order not appropriate - No breach of duty of good faith by applicant - Pilot |
| Result | Application dismissed ; Counterclaim dismissed ; Costs reserved |
| Statutes | ERA s4;ERA s4(a);ERA s4(b);ERA s4(3);ERA s11;ERA s32;ERA s32(1)(d);ERA s32(3);ERA s32(4);ERA s40;ERA s42;ERA s56 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |