| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 338A/07 |
| Determination date | 12 December 2007 |
| Member | A Dumbleton |
| Representation | S Mitchell ; A Caisley |
| Location | Auckland |
| Parties | Service and Food Workers' Union Nga Ringa Tota Inc v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Respondent previously found to have breached s4(1) Employment Relations Act 2000 good faith requirements by making representations to employees with intention of inducing them not to be covered by collective employment agreement – Liable to penalty under s4A(b)(ii) and matter reserved for parties to make further submissions - However, applicant now wished to withdraw application for penalties – Considered new circumstances, arising out of successful mediation, made it unnecessary for penalties to be awarded – Parties had agreed upon form of amends to be made by respondent to meet interests of applicant and its members in making respondent accountable for breach – Application for penalties to be regarded as withdrawn – Authority commented it was of view terms of settlement squarely addressed relative seriousness of breach and remedy closely fitted breach in respect of gravity and any harm caused by it – Investigation concluded |
| Result | Orders accordingly ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s4(1);ERA s4A(b)(ii);ERA Second Schedule cl14 |
| Cases Cited | Service and Food Workers Union Nga Ringa Tota Inc v Air New Zealand Ltd unreported, A Dumbleton, 29 October 2007, AA 338/07 |
| Number of Pages | 4 |
| PDF File Link: | aa 338a_07.pdf [pdf 18 KB] |