| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 370/04 |
| Hearing date | 10 Sep 2004 |
| Determination date | 16 November 2004 |
| Member | J Wilson |
| Representation | N Annor-Adjei ; H White |
| Location | Auckland |
| Parties | Albert v New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc |
| Summary | GOOD FAITH - Applicant employee sought declaration that respondent union breached obligation to deal with her in good faith - Authority previously determined applicant's employment relationship problem had been resolved by settlement between respondent and employer - Alleged disadvantage since respondent failed to act as directed - Necessary to consider knowledge with which respondent's conduct undertaken - Did not set out to mislead or deceive applicant - Represented applicant diligently - Failure by applicant to fully comprehend actions respondent took on her behalf may have been due in part to failure of communication but such failure was not deliberate - No breach of duty of good faith - Comment that unclear what, if any, remedies were available in event of breach |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s4(1)(b);ERA s4(2)(b) |
| Cases Cited | Albert v Carter Holt Harvey Ltd unreported, A Dumbleton, 1 May 2003, AA 123/03 |
| Number of Pages | 5 |
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