Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 78A/03
Determination date 01 October 2003
Member H Doyle
Representation A McKenzie ; R Gibson
Location Christchurch
Parties National Union of Public Employees (Inc) v The Richmond Fellowship New Zealand
Summary PRACTICE AND PROCEDURE - Remedies - Supplementary determination - Breaches of good faith found in substantive determination - COMPLIANCE ORDER - Undertaking to observe good faith obligations given - Compliance order would serve no practical purpose in circumstances - PENALTY - Raised for first time in submissions - Prescriptive statutory framework covering bargaining in good faith - No penalty provided for with respect to particular provisions in Employment Relations Act 2000 - Possibility of prejudice to respondent to introduce issue of penalty at late stage - No penalty granted - COSTS - Costs to follow the event - Reasonable contribution $1,000
Result Costs in favour of applicant ($1,000)
Statutes ERA s133(1)(a);ERA s135(1);ERA s137(1)(a)(ii)
Cases Cited Morritt v Jespersen [1998] 3 ERNZ 1
Number of Pages 3
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