| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 82/02 |
| Hearing date | 29 Jul 2002 |
| Determination date | 27 August 2002 |
| Member | N Taylor |
| Representation | L Highfield ; R Searle |
| Location | Christchurch |
| Parties | Service & Food Workers Union Inc v Sealord Group Ltd |
| Summary | PRACTICE AND PROCEDURE - Investigation meeting approached in med/arb style - Determination viewed by representatives before issued - BARGAINING - Whether respondent breached duty of good faith by communicating directly with applicant's members during collective bargaining - Respondent held meeting with members and communicated its view of wage claim - Possible financial impact discussed - Meeting likely to undermine authority of applicant - Amounted to attempt to bargain with members - Letter to applicant's secretary posted on notice board - Direct criticism of applicant in letter - Criticism in letter amounted to breach of good faith - If a union had not co-operated with reasonable request to pass on information an employer might have been able to communicate directly with members |
| Result | Questions answered in favour of applicant ; Costs to lie where they fall |
| Statutes | Australian Trade Practices Act 1974 s52;ERA s3(a)(i);ERA s3(a)(ii);ERA s4;ERA s5;ERA s20;ERA s32(1)(d)(i);ERA s32(1)(d)(ii);ERA s32(1)(d)(iii);Fair Trading Act 1987 s9 |
| Cases Cited | The Airways Corporation of New Zealand Ltd v New Zealand Air Line Pilots' Association IUOW [1996] 1 ERNZ 126 ; [1996] 2 NZLR 622 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |