| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 99/10 |
| Determination date | 04 March 2010 |
| Member | J Wilson |
| Representation | S King ; G Norton |
| Location | Auckland |
| Parties | Flight Attendants & Related Services (NZ) Association v Air New Zealand Ltd |
| Summary | DISPUTE – Interpretation of s236 Employment Relations Act 2000 (“ERA”) – Respondent sought to limit level of representation of employee – Applicant claimed s236 ERA did not limit employee to single representative – Applicant claimed not for employer to determine issues of representation for employees – Applicant sought to bring multiple representatives to meeting with respondent – Respondent rejected level of representation – Authority accepted respondent’s claim application sought determination of hypothetical and speculative question – Found meetings convened as part of disciplinary investigation did not fall within ambit of s236 ERA – Found whether employer conducted investigation meeting in fair and reasonable manner would be judged against statutory duty of good faith, any relevant provisions of employment agreement, and whether employer acted as fair and reasonable employer – Found every case considered on merits and impossible to make any statement regarding what is fair and reasonable which would have universal application |
| Result | Orders made ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s236;ERA s236(1);ERA s238 |
| Number of Pages | 5 |
| PDF File Link: | aa 99_10.pdf [pdf 28 KB] |