| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 119A/05 |
| Hearing date | 3 Aug 2005 |
| Determination date | 26 August 2005 |
| Member | G J Wood |
| Representation | C Stuart ; J Lawrie |
| Location | Wellington |
| Parties | MASH Trust Board v New Zealand Nurses Organisation |
| Summary | DISPUTE - Whether respondent union had right under s20 Employment Relations Act 2000 (ERA") or collective agreement to enter homes applicant ran for disabled clients - Applicant rented flats and houses for people with disabilities with 24 hour 7 days a week care - Great majority of homes had sleep-over room or office for employee use - In many cases union officials would have to walk through common areas of homes where could meet residents - Section 20 provided for access to workplaces but under s19 a workplace did not include a "dwelling house" - "Dwelling house" under s5 in relation to a home worker who worked in a building not wholly occupied as a residence, excluded any part of building not occupied as a residence - Respondent's members were home workers - Client homes with sleep-over room or office were not wholly occupied as residences - Respondent entitled to access provided access occurred in accordance with ss20 and 21 - Collective agreement provided that when respondent requested, applicant would permit respondent to enter at all reasonable times upon applicant's premises to discuss employee relations matters with an employee provided such access did not interfere unreasonably with applicant's business - Degree of interference not unreasonable in ordinary circumstances - No reason to limit areas of applicant's premises solely to sleep-over rooms or offices - Client's homes were applicant's premises which respondent was entitled to access to - PENALTY - Applicant sought penalty for breach of good faith - Following mediation applicant believed parties agreed respondent would not pursue attempt to access homes until after matter determined by Authority - No agreement reached - Not appropriate to award penalty against either party - Previous interim injunction lifted" |
| Result | Dispute answered in favour of respondents ; Orders accordingly ; Costs reserved |
| Statutes | ERA s5;ERA s19;ERA s20;ERA s21 |
| Cases Cited | Cashman v Central Regional Health Authority and Anor [1996] 2 ERNZ 159 |
| Number of Pages | 6 |
| PDF File Link: | wa 119a_05.pdf [pdf 30 KB] |