| Restrictions |
OK |
| Jurisdiction |
Employment Relations Authority - Auckland |
| Reference No |
[2018] NZERA Auckland 380 |
| Determination date |
29 November 2018 |
| Member |
Jenni-Maree Trotman
|
| Representation |
Susan Hornsby-Geluk/Alastair Espie, Counsel for the Applicant
Helen White, Counsel for the Respondent
|
| Location |
Auckland |
| Parties |
BAY OF PLENTY DISTRICT HEALTH BOARD
v
MIDWIFERY EMPLOYEE REPRESENTATION AND ADVISORY SERVICE INCORPORATED
|
| Summary |
BARGAINING – Applicant alleged that respondent breached duty of good faith by failing to comply with obligations under a Life Preserving Services Agreement (“LPS Agreement”) – LPS Agreement exceeded the number of midwives rostered on an ordinary day – Strikes went ahead and the cover agreed under LPS agreement was not provided – LPS Agreement became binding and enforceable upon execution – Union was bound to provide staff it had agreed to provide unless applicant reduced its requirements in accordance with agreement – Union could not unilaterally resile from agreed terms – Appropriate course was to address dispute after provision of life preserving services so to ensure patients do not suffer – Failure to comply with LPS agreement was breach of good faith – Penalties reserved
COMPLIANCE ORDER – Applicant sought compliance with LPS Agreement – Union ordered to comply with obligations
|
| Main Category |
Compliance Order |
| Number of Pages |
12 |
| PDF File Link: |
2018 NZERA Auckland 380 [pdf 330 KB] |