| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 107/03 |
| Hearing date | 3 Oct 2003 |
| Determination date | 06 October 2003 |
| Member | P Cheyne |
| Representation | M Hardy-Jones ; R Searle |
| Location | Christchurch |
| Parties | Hammond and Ors v Tahuna Beach Camp (Inc) |
| Other Parties | Peterson, Southwood, Broker, Pihama, Nelson, Gribble, Steele, Southwood, Duncan, Costello, Holland |
| Summary | INTERIM INJUNCTION - Application for interim reinstatement - Redundancy - Whether arguable case - Proposal for restructuring shortly after new collective agreement entered into - Requests for flexible hours rejected by applicants' union during collective agreement negotiations - Arguable lockout situation - Lockout unlawful in circumstances - Alleged closed mind to genuine consultation - Resolution to adopt proposals passed prior to consultation - Arguably no genuine redundancy situation - Any new employees to be employed under collective agreement - Inflexible hours applied to any new employee - Two non-union applicants' employment agreements contained definition of redundancy - Present situation did not fit definitions - Arguable case established - Balance of convenience favoured applicants - Respondent's interests largely unaffected by who performed work - Other employees not yet appointed to new positions - No major breakdown in employment relationships - Interim reinstatement ordered subject to undertakings as to damages - Camping ground staff |
| Result | Application granted ; Orders accordingly ; Referred to mediation ; No order for costs |
| Statutes | ERA s4(4)(c);ERA s4(4)(d);ERA s4(4)(e);ERA s56;ERA s62;ERA s63;ERA s65;ERA s82;ERA s127 |
| Cases Cited | Conference of the Methodist Church of NZ v Gray [1996] 1 ERNZ 48 ; [1996] 2 NZLR 554;Davis v Ports of Auckland Ltd [1991] 3 ERNZ 475;McCulloch v New Zealand Fire Service Commission [1998] 3 ERNZ 378 |
| Number of Pages | 8 |
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