| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 67/10 |
| Hearing date | 14 Apr 2010 |
| Determination date | 14 April 2010 |
| Member | D Asher |
| Representation | P Cranney, A Connor ; P McBride |
| Location | Wellington |
| Parties | Service & Food Workers Union Nga Ringa Tota Inc v IHC and Ors |
| Other Parties | Idea Services Ltd, Timata Hou Ltd |
| Summary | BARGAINING - Application for facilitation - Applicant sought matter be referred to facilitation - Applicant had given notice of strike action - Applicant claimed strike would likely affect public interest substantially, and likely endanger life, safety, or health of persons - Claimed strike likely to disrupt social, environmental or economic interests and effects likely to be widespread, long-term or irreversible - Respondents claimed grounds for facilitation not made out - Claimed parties had not encountered serious difficulties in concluding collective agreement - Claimed no evidence proposed strike action likely to have affects claimed by applicants - Claimed as charitable organisations were substantially dependent on restricted Government funding to meet wage increases - Applicant’s proposed strike action included ban on recording progress notes for clients, many of whom had criminal records and were supervised in secure facilities - Found public interest arose out of maintenance of records which would be compromised by strike action - Found given applicant’s commitment to strike action and real restriction on respondents funding parties’ problem would inevitably impact on public interest because of likelihood of endangerment to life, safety or health of persons - Found strike likely to affect public interest substantially because likely to disrupt social interests and effects of disruption likely to be widespread and long-term - Found risk to public outweighed arguable conclusion negotiations not unduly protracted and that extensive efforts not been made to reach settlement - Grounds for facilitation made out - Facilitation ordered |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Bargaining |
| Statutes | ERA s50A;ERA s50B;ERA s50C(1)(d);ERA s50C(1)(d)(ii);ERA s50C(2)(a);ERA s50C(2)(b) |
| Cases Cited | McCain Foods (NZ) Ltd v Service & Food Workers Union Nga Ringa Tota Inc [2009] ERNZ 28;Timata Hou Ltd v Service and Food Workers Union Nga Ringa Tota Inc & Anor [2010] NZEMPC 38 |
| Number of Pages | 7 |
| PDF File Link: | wa 67_10.pdf [pdf 27 KB] |