| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 35/07 |
| Hearing date | 7 Feb 2007 |
| Determination date | 08 March 2007 |
| Member | G J Wood |
| Representation | P Darwin (in person) ; N Carter |
| Location | Wellington |
| Parties | Darwin v New Zealand Post Primary Teachers Association |
| Summary | DISPUTE – Applicant member of respondent – Dissatisfied with services provided by respondent when experienced employment relationship problem with former employer - Engaged external lawyer - Sought reimbursement of legal expenses from respondent – Authority took claim to be pursuant to s4(2)(c) Employment Relations Act 2000 which provided relationships between union and members were employment relationships - Applicant told if union member chose to be represented by lawyer then costs met by member – Constitution provided legal assistance only reimbursed if member had prior approval - Applicant chose to continue with outside lawyer – Alleged respondent’s omission serious, it acted carelessly, and failed to act in good faith – Application demonstrated fundamental misunderstanding of role of trade unions in society and to members – Applicant’s loss of confidence in respondent did not exempt her from constitution – Authority did not accept respondent’s advice given in other than good faith - May possibly have been negligent, but it continued to offer assistance and did not ignore employment relationship problem with former employer or claim for legal fees – Had offered applicant contribution that could be seen as covering initial advice about nature of problem – No duty to applicant as member of respondent proven to be breached – No grounds to claim legal costs incurred in breach of constitution |
| Result | Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(2)(c) |
| Number of Pages | 4 |
| PDF File Link: | wa 35_07.pdf [pdf 21 KB] |