| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 108/09 |
| Hearing date | 13 May 2009 |
| Determination date | 14 August 2009 |
| Member | P R Stapp |
| Representation | G Clarke ; N Jones |
| Location | Wellington |
| Parties | Postal Workers Union of Aotearoa and Anor v New Zealand Post Ltd |
| Other Parties | Cresswell |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Respondent qualified mediated settlement with interim access procedures – Respondent denied claim union member unreasonably denied access to distribute union information and membership material – Respondent claimed refused access because of insufficient notice and was a busy night – Respondent argued visit did not comply with interim access procedures – Authority found no agreement to interim access procedures – In absence of agreement to change mediated settlement respondent must follow binding agreement – Found refusal to grant entry in breach of mediated settlement because respondent relied on interim arrangements – Found if respondent wanted to apply additional access procedures they could not conflict or undermine mediated settlement – Respondent concerned about applicant walking the floor – Applicant to act in good faith in compliance with settlement and statutory obligations – No compliance order – PENALTY – No penalties imposed |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA s20;ERA s21;ERA s21(5);ERA s22;ERA s23 |
| Number of Pages | 14 |
| PDF File Link: | wa 108_09.pdf [pdf 56 KB] |