| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 210/09 |
| Hearing date | 16 Dec 2009 |
| Determination date | 24 December 2009 |
| Member | G J Wood |
| Representation | S Mitchell ; G Malone |
| Location | Napier |
| Parties | New Zealand Meat Workers and Related Trades Union Inc v Affco NZ Ltd |
| Summary | DISPUTE – Whether “trial” employment agreement (“EA”) lawful with respect to collective employment agreement (“CEA”) – Whether EA consistent with s67 Employment Relations Act 2000 (“ERA”) – Applicant union claimed new employees covered by CEA in first 30 days of employment and EA inconsistent with CEA therefore unlawful – Respondent argued EA consistent with CEA and EA’s probationary arrangements consistent with ERA – EA provided first 30 days of employment trial period – Provided employee’s suitability to work and ability to fit in with other staff assessed during trial – CEA did not provide trial period but misconduct code – Authority found purpose of trial period and misconduct different and could live together without conflict – Found trial period for employers to assess employee’s suitability – Found ongoing obligation of employee to not commit misconduct – Found respondent able to dismiss employee for incapacity even if no misconduct because employer’s right to manage its business and dismiss an employee for incapacity under common law – Found trial EA not inconsistent with CEA – Found trial period met s`67 ERA requirements by being in writing and in EA – Found fundamentally, trial periods justifiable if met s103A ERA requirements if employer decided not to offer employment after period ends – Questions answered in favour of respondent |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s67;ERA s67A;ERA s69OJ;ERA s103A |
| Cases Cited | Nelson Air Ltd v New Zealand Airline Pilots Association [1994] 2 ERNZ 665;New Zealand (with exceptions) Food Processing, etc, Factory Employees’ Union v ICI (New Zealand) Ltd [1989] 3 NZILR 24;Norske Skog Tasman Ltd v Manufacturing & Construction Workers Union Inc Anor [2009] ERNZ 342;Smith v Radio i Ltd [1995] 1 ERNZ 281 |
| Number of Pages | 6 |
| PDF File Link: | wa 210_09.pdf [pdf 27 KB] |