| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 190/02 |
| Hearing date | 20 Mar 2002 - 9 May 2002 (3 days) |
| Determination date | 24 June 2002 |
| Member | J Wilson |
| Representation | T Wilton ; R Towner |
| Location | Auckland |
| Parties | NZ Engineering, Printing and Manufacturing Union v The New Zealand Herald |
| Summary | PENALTY - Alleged breach of s97 ERA - Whether workers employed or engaged during strike to perform work of striking employees - Engage" connoted contractual arrangement or payment for services - No breach where workers already employed by respondent - No breach where worker on secondment from another employer - No breach where casual worker called upon to work extra shifts during strike - Extra worker who had been called upon before strike but who did work of striking worker amounted to breach - Workers called upon to do work of striking workers amounted to breach - Penalty at low end of range appropriate" |
| Result | Application granted in part ; Penalty ($2,500)(Crown) ; Costs reserved |
| Statutes | ERA s5;ERA s97;ERA s97(2);ERA s97(3);ERA s97(4);ERA s135 |
| Cases Cited | Otago Hotel etc IUOW v Pacific Park Motor Inn Limited (t/a Pacific Park Dunedin) & Ors [1989] 1 NZILR 175;Otago & Southland Food, Drug, Chemical Manufacturing etc and Related Trades IUOW v Southern Foods Ltd [1985] ACJ 656;Ruapehu District Council v Northern Local Government Officers Union unreported, Castle J, 16 November 1992, WEC 54/92;Service Workers Union of Aotearoa Inc v Southern Pacific Hotel Corporation (NZ) Ltd [1993] 2 ERNZ 513;Skellerup Industrial Ltd v NZ Rubber Workers Union [1992] 1 ERNZ 477 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |