| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 85 |
| Hearing date | 13 May 2011 |
| Determination date | 20 May 2011 |
| Member | D Asher |
| Representation | G Davenport ; T Cleary |
| Location | Wellington |
| Parties | Rail and Maritime Transport Union and Ors v Wellington City Transport Ltd t/a Go Wellington |
| Other Parties | Abigail and 6 Others |
| Summary | DISPUTE – Applicants’ terms and conditions of employment set out in collective employment agreement settled in 2010 (“2010 CEA”) – Parties agreed that term of settling 2010 CEA was working party would be set up to review applicants’ job description, procedures and training – No steps taken by either party to implement working party agreement (“WPA”) – Respondent presented applicants with restructuring proposal, removing two applicants’ positions – Applicants sought respondent’s undertaking restructure would be put on hold until WPA implemented – Respondent claimed WPA did not prevent undertaking restructure – Authority found WPA part of 2010 CEA – Found respondent could not change terms of settlement because commercially inconvenient and would be unlawful – Found no evidence respondent’s actions so far breached good faith obligations - Found compliance with WPA would require respondent put restructuring on hold as restructuring would cover same issues contemplated by WPA and would directly impact applicants – Question answered in favour of applicants - COMPLIANCE ORDER - Found as respondent failed to comply with obligations applicants entitled to compliance order – Found respondent must stay restructuring until complied with WPA - Compliance ordered - Operations Controllers |
| Result | Question answered ; Compliance ordered ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | NZPSA v Electricity Corporation of NZ Ltd Marketing Division [1991] ERNZ 365;Northern Local Government Officers IUOW v Auckland City [1992] ERNZ 1109;United Food IUOW v Talley [1992] ERNZ 756;Vice-Chancellor of Massey University v Wrigley and Anor [2010] NZEMPC 52 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_85.pdf [pdf 19 KB] |