| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 45 |
| Determination date | 29 March 2011 |
| Member | J Crichton |
| Representation | P Cranney ; N McPhail |
| Location | Christchurch |
| Parties | Chivers and Ors v Foodstuffs South Island Ltd |
| Summary | PENALTY – Authority previously determined union’s resolution to take strike action in future was not itself strike within meaning of law – Authority found respondent acted illegally in suspending workers in reliance on strike resolution – Applicants sought penalties – Respondent claimed pay withheld did not constitute deduction in terms of Wages Protection Act 1983 (“WPA”) – Authority found workers paid hourly rate and nothing precluded operation of provisions of WPA – Respondent claimed penalties should only apply if breach flagrant – Respondent claimed behaviour inadvertent not flagrant – Union claimed respondent’s actions deliberate conscious deduction of money belonging to workers – Union claimed gave respondent notice action wrong – Found respondent simply got it wrong and as consequence workers deprived of wages – Found not satisfied behaviour flagrant but available to Authority to consider imposition of penalty – Found significant global fund should not be awarded to discourage bad behaviour – Found respondent responded inappropriately to resolution concerning strike action – Found respondent large successful company and workers low paid – $1,000 penalty payable to each affected worker appropriate |
| Result | Application granted ; Penalty ($1,000)(Payable to each applicant) ; Costs reserved |
| Main Category | Penalty |
| Statutes | ERA s87(4);ERA s161(1)(m);Wages Protection Act 1983 s4;Wages Protection Act 1983 s13 |
| Cases Cited | McCullough v Otago Sheetmetal and Engineering Ltd unreported, J Crichton, 14 Oct 2008, CA 153/08;Spotless Services New Zealand Ltd v Service & Food Workers’ Union [2008] ERNZ 609 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_45.pdf [pdf 21 KB] |