| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 256/09 |
| Determination date | 31 July 2009 |
| Member | J Wilson |
| Representation | M Hubble ; J Tizard |
| Location | Auckland |
| Parties | Duncan v Service & Food Workers Union Nga Ringa Tota Inc |
| Summary | DISPUTE – Whether concurrent holding of two elected positions by one person breached union rules – Respondent union’s national secretary (“R”) ran against applicant for position of regional secretary in union elections – R advised respondent union if elected, R would concurrently hold national and regional positions – Respondent union concluded rules did not prima facie prevent respondent union from allowing R to hold both positions – Applicant claimed concurrent holding of positions ultra vires of union rules and incompatible with overall structure of union’s governance and representation – Claimed transparency would be lost – Claimed regional and national secretary roles would be subsumed contrary to union’s intentions – Respondent union argued nothing in rules precluded concurrent holding of positions – Argued national secretary role did not conflict with regional role – Argued in practice members of national executive also members of regional committees and national president concurrently held regional president role – Authority found respondent union acted in accordance with union rules by allowing R to stand for regional secretary – Found if respondent union allowed R to concurrently hold positions, decision would be consistent with union rules – Question answered in favour of respondent union |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s161;ERA s161(k) |
| Number of Pages | 7 |
| PDF File Link: | aa 256_09.pdf [pdf 22 KB] |