| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 100/04 |
| Hearing date | 29 Jun 2004 |
| Determination date | 24 August 2004 |
| Member | J Wilson |
| Representation | S Hornsby ; P Lawson |
| Location | Christchurch |
| Parties | Christchurch City Council v Southern Local Government Officers Union |
| Summary | BARGAINING - Whether communications with members of respondent during negotiations for collective agreements breached bargaining process agreement or good faith provisions of Employment Relations Act 2000 (ERA") - Communication during first negotiations about applicant's bargaining position did not undermine authority of respondent - Prior consultation with respondent as required by bargaining agreement inadequate - Respondent entitled to proper forewarning and chance to examine document - Failure of attempted consultation not deliberate - No breach of good faith - Communication during second negotiations about desire for multi-union collective agreement issued despite strong objections by respondent - Communication undermined authority of respondent - Breach of s32(1)(d) ERA - Genuinely held belief that communication appropriate and sanctioned by s4(3) ERA - No deliberate breach of good faith - Determination limited to current facts - General observations - In context of bargaining specific s32 ERA overrides general s4 ERA - Section 32 ERA to be interpreted in light of background facts including any applicable bargaining process agreement" |
| Result | Question answered ; Costs reserved |
| Statutes | ERA s3;ERA s4;ERA s4(3);ERA s32;ERA s32(1);s32(1)(d)(iii);ERA s32(3);ERA s32(3)(d);ERA s47 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |