11 Oct 2023
PUBLIC SERVICE ASSOCIATION, TE PŪKENGA HERE TIKANGA MAHI v TE WHATU ORA – HEALTH NEW ZEALAND [2023] NZCA 492
- Citation
- [2023] NZCA 492
- Court
- Court of Appeal
The Full Court correctly concluded that the statutory schemes of the Employment Relations Act and the Equal Pay Act (and its amendments) are distinct such that pay equity claims are not automatically matters 'bargaining for a collective agreement' under s 83; an employer may lawfully decline to bargain pay equity issues during collective bargaining and strike action directed to pay equity matters that do not relate to bargaining for a collective agreement cannot satisfy the statutory test of lawfulness under s 83; consequently the Court of Appeal declined leave because no novel or sufficientl…