| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 164/07 |
| Hearing date | 20 Nov 2007 |
| Determination date | 11 December 2007 |
| Member | D Asher |
| Representation | T Oldfield ; R Towner |
| Location | Wellington |
| Parties | Service and Food Workers Union Nga Ringa Tota Inc v McCain Foods (NZ) Ltd |
| Summary | DISPUTE - Applicant union sought access to respondent’s workplace to recruit members – Respondent not opposed to union access, however, strongly objected to access by member organisers who were employees of main competitor – Refused access on grounds member organisers, who were not employees of union, not “representatives of a union” under ss20 and 21 Employment Relations Act 2000 (ERA") – Also claimed justified in denying access on grounds of potential damage to business by way of loss of valuable commercial information, and access sought not reasonable and did not comply with existing reasonable security procedures – ERA not to be read down so as to deny access to union representatives who were paid employees of competitor – ERA did not expressly exclude such members from acting as union representatives – Supported by plain meaning of “representative” – Reasonable for member organisers to exercise entitlement to access because respondent enjoyed safeguards in ERA and obligations on member organisers to act in good faith – No reason to believe member organisers would not be responsible when exercising right to enter respondent’s workplace or would not comply with safety and security procedures – Respondent directed to allow reasonable access by union member organisers - Non-publication order in respect of specified documents to be continued - Penalty not appropriate as dispute was test case" |
| Result | Question answered in favour of applicant ; Orders accordingly ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s3(a)(ii);ERA s4(1)(a);ERA s4(2)(c);ERA s4(4)(f);ERA s4A;ERA s20;ERA s2091)(a);ERA s20(4);ERA s21;ERA s21(2)(b);ERA s21(2)(c);ERA s21(5);ERA s22;ERA s23;ERA s25;ERA s107(1)(a);ERA Part 4; ILO Convention 87;Incorporated Societies Act 1908 s14 |
| Cases Cited | Carter Holt Harvey Ltd v National Distribution Union Inc [2002] 1 ERNZ 239;Cr�dit Suisse v Allerdale Borough Council [1996] 4 All ER 129;National Distribution Union Inc v Carter Holt Harvey Ltd [2001] ERNZ 822 |
| Number of Pages | 10 |
| PDF File Link: | wa 164_07.pdf [pdf 36 KB] |