| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 25/04 |
| Hearing date | 4 Feb 2004 |
| Determination date | 11 March 2004 |
| Member | P Montgomery |
| Representation | J Pearson ; A McKenzie |
| Location | Christchurch |
| Parties | Asure New Zealand Ltd v National Union of Public Employees Inc and Ors |
| Other Parties | Abraham, Thompson |
| Summary | COMPLIANCE ORDER - Compliance with collective agreement sought - Alleged second and third respondents did not have to work weekend and night shifts as collective agreement did not apply to them - Alleged withdrew bargaining authority from first respondent immediately prior to ratification - Employment Court decisions ruled could not resign from union and rejoin to avoid collective agreement - Equally could not withdraw authority to avoid collective agreement - Second and third respondents remained members of first respondent - Bound by collective agreement - Compliance ordered - PENALTY - Alleged breach of employment agreement - Punitive action not warranted - Dispute existed between parties - Focus on maintaining productive employment relationships - Penalty unwarranted - Meat inspectors |
| Result | Application granted (Compliance order) ; Application dismissed (Penalty) ; Compliance ordered ; Costs reserved |
| Statutes | Contractual Mistakes Act 1977;ERA s56(1);ERA s132;ERA s134(1);ERA s137(1)(a)(i) |
| Cases Cited | National Union of Public Employees and Ors v New Zealand Customs Service unreported, Goddard CJ Travis, Shaw JJ, 19 February 2004, WC 2/04;NZ Amalgamated Engineering Printing & Manufacturing Union Inc. v APN New Zealand Ltd [2003] 2 ERNZ 11 |
| Number of Pages | 7 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |