| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 130/05 |
| Hearing date | 11 Jul 2005 |
| Determination date | 10 August 2005 |
| Member | R A Monaghan |
| Representation | T Wilton ; A Gallie |
| Location | Wellington |
| Parties | NZ Amalgamated Engineering Printing & Manufacturing Union Inc v Young |
| Summary | BREACH OF CONTRACT - Applicant alleged respondent breached duties of fidelity and confidentiality when he set up new and competing union – Declarations sought accordingly – Respondent resigned and set up Bay Union Group Inc" – Alleged respondent breached duty of fidelity and made improper use of knowledge of applicant’s memberships and operations by visiting various sites to invite members of applicant to join the new union – Told delegate of applicant if he needed any help to give him a call - Approached some members of applicant in relation to an outstanding wage arrears claim - Whether breach of duty of fidelity in taking steps to set up new union – Whether steps taken while still in employ of applicant - Should have given four week’s notice but only gave one – Respondent’s attempts to pursue wage arrears claim occurred during that four week period – As an attempt to appropriate work that was being done by applicant, capable of amounting to breach of duty of fidelity – Conversation with a delegate of applicant also occurred during those four weeks and also capable of amounting to breach of duty of fidelity – Difficulty with proposition that respondent could take advantage of breach of notice provision to act in ways that would otherwise be breaches of duty of fidelity – Issue complicated by fact respondent raised personal grievance alleging was unjustified constructive dismissal – If was dismissal, subsequent actions did not amount to breaches of duty – Premature to do more than say approaches in respect of wage arrears claim, and conversation with delegate were capable of amounting breaches of duty – Misuse of confidentiality – No evidence that used member lists to solicit membership – However, did solicit authority in his own name to continue with the wage arrears claim – Respondent’s knowledge of wage arrears claim and attempt to use that knowledge was misuse of confidential information – Declaration made in those terms - Senior organiser" |
| Result | Declarations accordingly ; Costs reserved |
| Statutes | ERA s57 |
| Cases Cited | Korbond Industries Ltd v Jenkins [1992] 1 ERNZ 1141;Ongley Wilson Real Estate Ltd t/a Manawatu First National v Burrows [1999] 1 ERNZ 231;Peninsular Real Estate Ltd v Harris [1992] 2 NZLR 216;Schilling v Kidd Garrett Ltd [1977] 1 NZLR 243;SSC & B: Lintas NZ Ltd v Murphy [1986] 2 NZLR 436;Walden v Barrance [1996] 2 ERNZ 598 |
| Number of Pages | 7 |
| PDF File Link: | wa 130_05.pdf [pdf 45 KB] |