| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 525 |
| Hearing date | 30 Jun 2011 - 21 Jul 2011 (2 days) |
| Determination date | 12 December 2011 |
| Member | A Dumbleton |
| Representation | T Oldfield ; L Coats, R Towner |
| Location | Auckland |
| Parties | Service & Food Workers' Union Nga Ringa Tota Inc and Ors v Pacific Flight Catering Ltd and Anor |
| Other Parties | Ngakau, Tuitu, Mehana, Parker ; PRI Flight Catering Ltd |
| Summary | COMPLIANCE ORDER – Union sought compliance with s130 Employment Relations Act 2000 (“ERA”) – Members of first applicant (“Union”) affected by restructuring when catering contract was successfully tendered for by competitor (“LSG”) – Second to fifth applicants transferred employment to LSG – Union requested wage and time records from first respondent (“PFC”) to establish terms and conditions of employment with LSG – PFC refused to provide records – Authority found unnecessary to issue compliance on own motion once PFC provided records within days of investigation meeting – Found application for compliance withdrawn by Union – Union acknowledged receipt of all wages and time records – Found compliance with Holidays Act 2003 not remedy available – Found holiday and leave information sought contained in wages and time records that have been produced – PENALTY – Union sought penalties for obstructing or delaying investigation – Found obstruction or delay excusable in circumstances and given disclosure of information occurred quickly after investigation meeting, any obstruction or delay relatively limited – Found Union lacked standing to enforce s130 ERA – Found claim subsequently made by second to fifth applicants – Second respondent (“PRI”) added as respondent – Found claim for penalties by second to fifth applicants was presented to Authority for investigation and determination – Found before matter determined must be opportunity to hear from and cross-examine second to fifth applicants and from PRI – Found identity of employer also relevant – Found initial refusal to provide wages and time records not flagrant but rather misguided attempt to confine publication of information in records – Found PFC was wrong to do so – Authority to set date for investigation meeting to determine penalty issue |
| Result | Application dismissed ; Costs reserved |
| Main Category | Compliance Order |
| Statutes | ERA Part 6A;ERA s130;ERA s130(2);ERA s134A;ERA s137;ERA s157;ERA s158;ERA s160;ERA s221;Holidays Act 2003 s76;Holidays Act 2003 s81;Holidays Act 2003 s82 |
| Cases Cited | Matsuoka v LSG Sky Chefs New Zealand Ltd [2011] ERNZ 56 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Auckland_525.pdf [pdf 36 KB] |