| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 119/05 |
| Hearing date | 14 Jul 2005 |
| Determination date | 15 July 2005 |
| Member | G J Wood |
| Representation | C Stuart ; J Lawrie |
| Location | Wellington |
| Parties | MASH Trust Board v New Zealand Nurses Organisation |
| Summary | INJUNCTION - Application for interim injunction restraining respondent from entering any of applicant's homes and outbuildings pending substantive determination - Dispute about whether or not respondent had right under collective agreement or s20 Employment Relations Act 2000 to enter homes applicant ran for clients - Applicant provided homes for people with disabilities with 24 hours 7 days a week care - 37 out of 160 employees of applicant were members of respondent - Respondent wished to meet with its members in homes they worked in - In majority of homes there was a sleep-over room or office used by employees but union official would have to walk through common areas - Collective agreement provided applicant would permit respondent entry if access did not interfere unreasonably with applicant's business - Under s19 ERA workplace" did not include "dwellinghouse" - Applicant believed it had respondent's agreement not to attempt access until substantive determination - Arguable case that such an agreement reached after mediation - Arguable case in relation to interpretation of "dwelling house" - Arguable case whether or not access could be achieved under collective agreement - Monetary remedies not appropriate in circumstances where applicant's concern was impact on clients - Balance of convenience favoured status quo - Injunction granted" |
| Result | Application granted ; Injunction ordered ; Costs reserved |
| Statutes | ERA s5;ERA s5(b);ERA s19;ERA s20 |
| Number of Pages | 7 |
| PDF File Link: | wa 119_05.pdf [pdf 31 KB] |