| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 107/04 |
| Hearing date | 5 Aug 2004 |
| Determination date | 31 August 2004 |
| Member | P Cheyne |
| Representation | P Shamy, A Toohey ; T Wilton |
| Location | Christchurch |
| Parties | TelstraClear Ltd v NZ Amalgamated Engineering, Printing & Manufacturing Union Inc |
| Summary | COMPLIANCE ORDER - Union organiser approached staff at workstations in open-plan area - Alleged disruption to service delivery - Applicant sought compliance orders to clarify rights of entry by union organisers under s21 Employment Relations Act 2000 (ERA") - Advance notification and restriction of contact to separate room not necessary part of obligation to exercise rights of entry at reasonable time and in reasonable way - Restrictions physical and psychological barrier to achievement of ERA's objectives - Reasonable exercise of rights of entry varied according to circumstance - Organiser's actions probably within rights granted by ERA - Risk to confidential business information through entry by organiser no greater than other tolerated risks - Compliance orders declined - Telecommunications call-centre operators" |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA;ERA s3;ERA s12;ERA s19;ERA s20;ERA s20(2);ERA s20(3);ERA s21;ERA s21(2);ERA s21(3);ERA s21(4);ERA s21(5);ERA s22;ERA s23;ERA s24;ERA s25 |
| Cases Cited | Carter Holt Harvey Limited v National Distribution Union Inc [2002] 1 ERNZ 239;Foodstuffs (Auckland) Ltd v National Distribution Union Inc [1995] 1 ERNZ 110 ; [1995] 2 NZLR 280;National Distribution Union v Foodstuffs (Auckland) Limited [1994] 1 ERNZ 653;Service Workers Union of Aotearoa Inc v Southern Pacific Hotel Corp (NZ) Ltd [1993] 2 ERNZ 513 |
| Number of Pages | 8 |
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