| Summary |
UNJUSTIFIED DISADVANTAGE – Discrimination in employment by reason of union activity – Applicants (“union” and “union members”) claimed unjustifiably disadvantaged as wrongly denied Christmas bonuses (“bonus”) paid to all other non-union employees – No express contractual provision for payment of bonus in collective employment agreement (“CEA”) – Respondent’s principal (“B”) decided who would receive bonus and its value – Authority found bonus discretionary payment outside CEA entitlement – Union members went on strike, then respondent conducted lock out – Union delegate made statements to press about B during lockout – B elected not to give bonuses to union members as result of personal offence taken to statements – Authority found union had no claim against respondent as only employees entitled to bring personal grievances – Found discretionary bonus was fringe benefit, not term of employment – Found could be no personal grievance unless union members discriminated against – Sole issue for determination whether failure to pay union members was by reason directly or indirectly of involvement in union activities – Definition of involvement in union activities in s107 Employment Relations Act 2000 included employee participating in lawful strike in previous 12 months – Authority rejected applicants’ argument that public statements of union organiser, not publically repeated by any of applicant union members, constituted strike action – Authority rejected respondent’s argument that decision not to offer bonus was result of lockout, which was activity of employer, not union, so requirements of discrimination not met – Authority found decision not to offer union members bonus was indirectly by reason of lawful involvement in union strike action – Found if strike had not occurred, lock out, public comments and decision not to offer union members bonus would not have occurred – Found unjustified disadvantage by discrimination – Respondent sought only bonus payment, not compensation as result of discrimination – Authority found union members entitled to bonus payment – Quantum to be determined by parties |