| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 94 |
| Hearing date | 22 Feb 2011 |
| Determination date | 29 June 2011 |
| Member | J Crichton |
| Representation | G Lloyd ; K Smith |
| Location | Invercargill |
| Parties | Wills and Ors v Alliance Group Ltd |
| Summary | GOOD FAITH - UNJUSTIFIED DISADVANTAGE - Discrimination - Applicants claimed respondent discriminated against applicants because of involvement in union - Applicants claimed respondent breached good faith by inducing applicants not to be covered by collective agreement - Applicants claimed respondent exerted undue influence on applicants to cease being union members - Respondent claimed discretionary bonus not paid on basis of union membership - Respondent claimed employees who were staff" received bonus - Respondent claimed workers grouped into three categories - Respondent claimed "staff" category historically meant being part of management but group widened to include those with terms and conditions of employment for management - Respondent claimed differentiated between "staff" and other groups in paying bonuses - Authority found applicants did not satisfy Authority part of "staff" group - Found no nexus between payment and evidence of improper nature - Found no evidence respondent took any steps to influence union membership and nothing in bonus setting process to suggest improper intent - Found nothing to justify conclusion payments made by respondent to minimise or reduce effectiveness of union, strength of membership or number of members covered by collective employment agreement - Found respondent exercised discretion to make payment to "staff" - Found decision made to reward "staff" not to penalise or influence union members - Found no evidence of undue influence - Found some members of "staff" also union members and received benefit - Found other union members did not receive benefit, because not "staff" - Applications dismissed" |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(6)(b);ERA s11(b);ERA s104;ERA s104(1);ERA s104(1)(a);ERA s107;ERA s119 |
| Cases Cited | Griffin v The Southland Times (2004) 7 NZELC 97;NZ Dairy Workers Union v NZ Milk Products Ltd [2004] ERNZ 376 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_94.pdf [pdf 26 KB] |