| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 260/07 |
| Hearing date | 27 Jul 2007 |
| Determination date | 27 August 2007 |
| Member | M Urlich |
| Representation | J Minto ; R Towner |
| Location | Auckland |
| Parties | Unite Incorporated v Independent Liquor (NZ) Ltd |
| Summary | DISPUTE – Applicant union sought declaration respondent’s restrictions on site access unlawful - Pre-emptive application – Applicant sought full access without management escort, after appropriate health and safety briefing – Respondent opposed applicant “wandering” anywhere on site accompanied only by union delegate – Offered access on same terms as other visitors, accompanied by approved company employee responsible for health and safety – Applicant submitted management escort contrary to important aspect of access, normalising union on site – Authority declined to order applicant’s officials be given health and safety induction as no request made to respondent - Respondent claimed no union delegate authorised to accompany visitors and not appropriate to ask one to be – Respondent’s health and safety rules reasonable – Who was to accompany visitors to destination within factory an issue for respondent – Authority did not understand respondent to say delegate could never train for accompaniment role or that accompaniment would extend to respondent being present while access rights exercised – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s20;ERA s21;ERA 21(2);ERA s21(2)(b);ERA s21(5) |
| Cases Cited | Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239 |
| Number of Pages | 7 |
| PDF File Link: | aa 260_07.pdf [pdf 36 KB] |