16 Feb 2007
CHRISTCHURCH CITY COUNCIL V SOUTHERN LOCAL GOVERNMENT OFFICERS UNION INC CA CA276/05
- Citation
- openlaw-7c65e21f_4a4d_48ac_af6d_4d338c7cd0ed.pdf
- Court
- Court of Appeal
Court of Appeal held s 32(1)(d)(ii) should be read to prohibit direct negotiation with employees whom a representative acts for (i.e. negotiation), not to ban all communications; s 32(1)(d)(iii) prohibits communications that undermine or are likely to undermine bargaining or union authority; s 4(3) is modified by s 32 in the bargaining context; the good faith test is neither purely subjective nor purely objective and must be applied in light of s 32(3)-(5); s 32 duties apply only once bargaining is initiated. The council's appeal was dismissed because breaches of s 32(1)(d)(iii) in respect of…