| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 205/02 |
| Hearing date | 26 Jun 2002 |
| Determination date | 11 July 2002 |
| Member | A Dumbleton |
| Representation | J Cain ; K Beck |
| Location | Auckland |
| Parties | Carter Holt Harvey Ltd v Manufacturing & Construction Workers Union Inc |
| Summary | DISPUTE - Interpretation and application of employment agreement - Whether obliged to give preference to temporary employees when filling permanent positions - Prior mediated settlement gave rise to obligation to fill one permanent vacancy with temporary employee - Settlement stated that first applicant to have sole discretion in appointing employees in future but did not address limitations on discretion - Employers' discretion to appoint new employees fettered to extent that it must not unlawfully discriminate - Selection process to be fair and objective - Whether discretion fettered by good faith or custom and practice - Temporary employees employed under fixed term agreements - No expectation that arrangements would lead to permanent employment - No good faith obligation to convert agreement from fixed term to permanent - Employment Relations Authority not entitled to impose terms and conditions not agreed upon - Custom and practice could not be applied in way that detracted from terms of agreement - First applicant not obliged to employ temporary employees ahead of external candidates |
| Result | Question answered in favour of applicant ; No order for costs |
| Statutes | ERA s149;ERA s161(2) |
| Cases Cited | Coutts Cars Ltd v Baguley [2001] ERNZ 660 ; [2002] 2 NZLR 533;NZ Building Trades Union v Hawkes Bay Area Health Board [1992] 2 ERNZ 897;Whitcombe and Tombs Ltd v Taylor (1907) 27 NZLR 237 |
| Number of Pages | 8 |
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