| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 122/07 |
| Hearing date | 19 Apr 2007 |
| Determination date | 26 April 2007 |
| Member | D King |
| Representation | AM McInally ; R Towner |
| Location | Auckland |
| Parties | NZ Amalgamated Engineering, Printing & Manufacturing Union Inc and Ors v Carter Holt Harvey Ltd |
| Other Parties | Clarkin, Stowers |
| Summary | BREACH OF CONTRACT - DISPUTE - Applicants contend respondent breached individual employment agreements (IEAs") of second and third applicants by failing to comply with requirement to accord priority for re-employment after they were made redundant - Applicants not appointed to vacancy as respondent considered did not have required skills and priority period had lapsed - Applicants' IEAs included obligation to provide re-training and no time limit on priority - Respondent submitted changes to re-employment provisions in subsequent collective employment agreements ("CEAs") applied retrospectively to applicants, despite fact not covered by bargaining - Rights created under IEA not forfeited by subsequent CEA to which holders of those rights not party - Could not legitimately impose variations on applicants - Respondent breached applicants' IEAs by failing to give them priority and by failing to give training to overcome any skill deficit - Respondent ordered to comply with IEAs - PENALTY - Applicants claimed respondent wilfully attempted to appoint someone other than second and third applicants to vacant position after being notified of claim for compliance - Making permanent appointment in circumstances where rights of parties at issue not conducive to maintaining good employment relationship with any of applicants - Breach of duty of good faith - However, no penalty awarded as respondent genuinely believed position correct and agreed last minute to leave reappointment issue in abeyance until matter determined" |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Breach of Contract |
| Statutes | ERA s4(1)(a);ERA s4(4)(bb);ERA s4(1A);ERA s4A(a) |
| Cases Cited | Grant v Superstrike Bowling Centres Ltd [1992] 1 ERNZ 727;NZ Amalgamated Engineering, Printing and Manufacturing Union Inc and Ors v Carter Holt Harvey Ltd unreported, D Asher, 17 February 2006, WA 27/06;NZ Public Service Association v Electricorp Marketing [1991] 2 ERNZ 365 |
| Number of Pages | 7 |
| PDF File Link: | aa 122_07.pdf [pdf 47 KB] |