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Meat and Related Trades Workers union of Aotearoa Inc v Taylor Preston Ltd
23 Aug 2007, GJ Wood, WA 118/07, (9 pages)
BARGAINING - Applicant claimed respondent in breach of legal obligations as paid non-union workers more than union workers - Respondent stated simply wanted union members to accept same pay rates as non-union staff, but with collective employment agreement ("CEA") - During bargaining respondent's offer of raise and three year CEA rejected by union - Offered pay rise to non-union staff - Respondent subsequently ended bargaining - Respondent's argument same conditions available to union members wrong - CEA not concluded and respondent insisted on three year term, something not required of non-union staff - Preference given to non-union members - Motive real issue for determination - Respondent's actions not because of union membership, but because did not want union members to get pay rise, then not conclude CEA and strike - Respondent concerned with bargaining, not union membership - Relevant time for assessment under s9 Employment Relations Act 2000 time preference initiated - At time preference entered into respondent still trying to negotiate CEA - Even if Authority wrong on point, same principles applied in respect of preference thereafter - Union members able to seek new CEA through union - Preference result of union's position on pay rates, not union membership - Promotion of collective bargaining did not require employer to conclude that bargaining before bargaining with staff on individual employment agreements, those staff also had rights to independently bargain changes - Application dismissed - Difficult to see how issues at respondent could be resolved - Authority viewed best way forward as return to bargaining, possibly with assistance or facilitation
Result: Application dismissed ; Costs reserved
Skeggs v Radius Security Ltd
16 May 2007, L Robinson, AA 149/07, (12 pages)
UNJUSTIFIED DISMISSAL - Applicant claimed dismissed at end of purported fixed term - Agreement stated applicant to perform full time project work, with "expectation" of part time maintenance work at end of six months - Advised employment terminated at end of six months - Whether agreement fixed term - "Fixed term" clause stated no expectation of subsequent employment - However, further clause expected applicant to move to part time role - Not advised why employment to end - Authority found parties agreed to two phased employment - Expiration date of fixed term referred to end of first phase - Applicant elected to treat fixed term provision as ineffective, as conferred by s66(6) Employment Relations Act 2000 ("ERA") - Various provisions and other matters corroborated employment indefinite and not fixed term under s66 ERA - No basis for termination - Actions not those of fair and reasonable employer - Dismissal unjustified - Remedies - Interest 10 percent on lost wages award - BARGAINING - Applicant alleged unfair bargaining - Applicant signed agreement with chief executive - Director unhappy with agreement - Applicant not paid until second agreement signed - Not advised of opportunity to take advice - Applicant induced to enter agreement by oppressive means - Section 68(1)(a) ERA satisfied - Appropriate to award compensation for unfair bargaining - Financial officer
Result: Applications granted ; Reimbursement of lost wages ($35,700) ; Interest 10% ; Compensation for humiliation etc ($15,000) ; Compensation for unfair bargaining ($2,000) ; Costs reserved
Unite Union Inc v Gateway Motel Ltd
28 Aug 2007, M Urlich, AA 263/07, (7 pages)
BARGAINING - Reference for facilitation - Applicant alleged respondent breached bargaining agreement and good faith obligations - Facilitation not opposed by respondent - Despite two bargaining sessions, two mediations, correspondence, industrial action and lockout, collective employment agreement ("CEA") not concluded - Authority not satisfied respondent engaged in good faith collective bargaining - Bargaining agreement breached without reasonable explanation - Union delegates disciplined because of union activity - Respondent first tabled proposed CEA as attachment to lockout notice - Respondent communicated directly with members about contracting out proposal before discussed with applicant - Breaches of good faith serious and ongoing - Parties stuck - Union members currently locked out - Parties unable to resume bargaining - Bargaining unduly protracted and unresolved - Industrial action protracted and acrimonious - Section 50C(1)(a), (b) and (c) Employment Relations Act 2000 grounds for facilitation existed - Parties referred to facilitation
Result: Application granted ; Orders accordingly ; Costs reserved
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