| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 96/04 |
| Hearing date | 17 Jun 2004 |
| Determination date | 13 August 2004 |
| Member | V Campbell |
| Representation | J kerr ; R Gibson |
| Location | Christchurch |
| Parties | Evans and Ors v The Richmond Fellowship New Zealand |
| Other Parties | Hale, Howard, McFadden, Strong, Whero |
| Summary | UNJUSTIFIED DISADVANTAGE - Ongoing collective bargaining - Respondent renegotiated terms of employment with all non-union members and offered wage increases - Refused to negotiate individual terms of employment with union members while collective bargaining still underway - Union members rejected proposed collective agreements containing similar wage increases - No unjustified disadvantage - Finding no disadvantage promoted protection of integrity of individual choice - PERSONAL GRIEVANCE - Discrimination - Refusal to pass on same terms of employment not result of involvement in union activities rather reluctance to bargain twice in respect of same employees - Offers of similar wage increases rejected - No discrimination as result of union membership - Duress - No improper coercion or threats by respondent with intention of having applicants resign from union - Offers of similar wage increases meant no incentive or advantage withheld - No duress in relation to membership of union - APPLICATION FOR DECLARATION - Respondent sought declaration that applicants acted contrary to good faith - Applicants brought employment relationship problem to Authority in good faith - No ulterior motives - Declaration refused |
| Result | Application dismissed (Applicants) ; Application dismissed (Respondent) ; Costs reserved |
| Statutes | ERA s103;ERA s104;ERA s107;ERA s110 |
| Cases Cited | Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239;National Union of Public Employees Inc v Richmond Fellowship New Zealand unreported, H Doyle, 17 July 2003, CA 78/03 |
| Number of Pages | 12 |
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