Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 


City not required to consult on Birch report

MEDIA RELEASE


24 March 2003


Auckland City not required to consult on
Birch report – court ruling

A decision handed down today in the Employment Court ruled that a “proposal” for the purposes of the Employment Relations Act (ERA) does not include a consultant’s proposals or recommendations (such as those in the Birch Report) put forward for an employer to consider.

Auckland City welcomes this finding as it was the central issue that the PSA had taken to court.

The council is concerned that the Employment Court went on to make findings against the council on a number of ancillary matters. The court ruled that the council was in breach of the ERA in terms of its good faith obligations by not consulting with the PSA early enough.

The Court said “the Council deserves credit” for the way it consulted with affected and potentially affected staff. However, the council finds it surprising that the court ruled that this consultation should have included the PSA even though the council believed no PSA members were potentially affected.

The council is also concerned that this decision has wide ramifications for all employers as the court appears to have extended the definition of good faith under the act where it relates to proposals that may affect staff.

The court has effectively said that it’s not enough to act fairly, but employers will have to be “energetic in positively displaying good faith behaviour”.

Auckland City’s chief executive Bryan Taylor welcomed the central finding that it did not need to consult with the union when it commissioned the Birch Report.

Mr Taylor said, “The council has always attempted to act as a good employer and to treat its staff fairly and in good faith. This is a responsibility we take very seriously.

“We are therefore surprised that the court has found against the council on the issue of good faith by giving a very wide definition to this previously untested area of the law. This ruling could have significant adverse consequences for all employers.”

Mr Taylor says, “It is disappointing that the full court’s lengthy decision still doesn’t provide employers with clarity about what constitutes a ‘proposal’ under the Employment Relations Act.”

The council is considering whether to appeal.

Ends


Ref: GB

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>

ALSO:

Corrections Corrected: Supreme Court Rules On Release Dates

Corrections has always followed the lawful rulings of the Court in its calculation of sentence release dates. On four previous occasions, the Court of Appeal had upheld Corrections’ practices in calculating pre-sentence detention. More>>

ALSO:

Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>

ALSO:

General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Gordon Campbell: On Our Posturing At The UN

In New York, Key basically took an old May 2 Washington Post article written by Barack Obama, recycled it back to the Americans, and still scored headlines here at home… We’ve had a double serving of this kind of comfort food. More>>

ALSO:

Treaty Settlements: Bills Delayed As NZ First Pulls Support

Ngāruahine, Te Atiawa and Taranaki are reeling today as they learnt that the third and final readings of each Iwi’s Historical Treaty Settlement Bills scheduled for this Friday, have been put in jeopardy by the actions of NZ First. More>>

ALSO:

Gordon Campbell: On The Damage De-Regulation Is Doing To Fisheries And Education, Plus Kate Tempest

Our faith in the benign workings of the market – and of the light-handed regulation that goes with it – has had a body count. Back in 1992, the free market friendly Health Safety and Employment Act gutted the labour inspectorate and turned forestry, mining and other workplace sites into death traps, long before the Pike River disaster. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Regional
Search Scoop  
 
 
Powered by Vodafone
NZ independent news