| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 58/02 |
| Hearing date | 7 Jun 2002 |
| Determination date | 08 July 2002 |
| Member | P R Stapp |
| Representation | R Harrison ; L Highfield |
| Location | Wellington |
| Parties | Spotless Services (NZ) Ltd v Service & Food Workers' Union |
| Summary | BARGAINING - Alleged breach of good faith in collective bargaining - Communicated with applicant's client on two occasions during bargaining to gain their support - Comments made to media during bargaining - Whether applicant's bargaining authority undermined or likely to be undermined by actions - Applicant's client contracted out work - Contracting out was issue of public concern - Client took no direct role in bargaining - Collective agreement not at risk - Actions open and transparent - No malicious intent - No damage caused - Communications did not undermine bargaining or applicant's authority - No real probability or significant risk of undermining authority - No breach of good faith - Contact with third party could lead to breach of good faith in different circumstances |
| Result | Application dismissed ; Costs reserved |
| Statutes | ERA s5;ERA s32(1)(d);ERA s32(1)(d)(i);ERA s32(1)(d)(iii);ERA s32(3)(a);ERA s32(3)(b) |
| Number of Pages | 6 |
| PDF File Link: | wa 58_02.pdf [pdf 31 KB] |