scholarly journals Industrial Law Cases

1970 ◽  
Vol 2 (1) ◽  
Author(s):  
Bill Hodge
Keyword(s):  
New Zealand ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Office Staff ◽  
Clerical Workers

The Auckland Clerical and Office Staff Employees Industrial Union of Workers (hereafter referred to as "the Union") sought judgment for penalties under ss 147, 148 and 151 of the Industrial Relations Act 1973 (hereafter called "the Act") for two breaches of the New Zealand Licensed Hotel Clerical Workers Collective Agreement (hereafter called "the Award," per s 82 (9) (b) of the Act as amended by s 10 (2) of the Industrial Relations Amendment Act (No. 2) 1976). That award is dated 16 December 1975 and is recorded at 75 B.A. 9915. The alleged breach took place at the Putaruru Hotel, owned and operated by Defendant, Consolidated Hotels Ltd.

scholarly journals Award, Agreement or Nothing? A Review of the Impact of S132(a) of the Labour Relations Act 1987 on Collective Bargaining

1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
Labour Relations ◽  
The Media ◽  
The Impact ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

scholarly journals Industrial Relations in New Zealand: New Vista for Collective Bargaining: Extension or Restriction?

1976 ◽  
Vol 1 (3) ◽  
Author(s):  
Alexander Szakats
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement

The seemingly unimportant change of term from “industrial agree­ment” as it appeared in the now repealed Industrial Conciliation and Arbitration Act 1954 to “collective agreement” in the Industrial Relations Act 1973 replacing the former statute has signified an immense sociological restructuring which affects the whole field of industrial relations, particularly the potentiality for genuine collective bargaining

scholarly journals Recent Redundancy Agreements: a Content Analysis

1970 ◽  
Vol 17 (1) ◽  
Author(s):  
Raymond Harbridge
Keyword(s):  
Content Analysis ◽  
New Zealand ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
The Media ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Coun, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or ,collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

scholarly journals Statement by the New Zealand Industrial Relations Society Incorporated

1970 ◽  
Vol 8 (2) ◽  
Author(s):  
Peter Brosnan
Keyword(s):  
New Zealand ◽  
Industrial Relations ◽  
Social Contracts

Statement by the New Zealand Industrial Relations Society Incorporated regarding the views expressed in the article entitled Commentary: Myth and reality in industrial relations: moderates, militants and social contracts published in the August 1982 edition.

scholarly journals Managerial views on compulsory unionism in New Zealand

1970 ◽  
Vol 14 (3) ◽  
Author(s):  
A. J. Geare
Keyword(s):  
New Zealand ◽  
Union Membership ◽  
Industrial Relations ◽  
The Impact

The New Zealand industrial relations literature contains a number of propositions concerning the impact or desirability of having compulsory union membership. This paper discusses the propositions, and reports on the response of a sample of 461 New Zealand managers, examining the significance of their attitudes.

Wage-setting practices in the metalworking sector in Greece

2020 ◽  
Vol 42 (6) ◽  
pp. 1441-1463
Author(s):  
Daphne Nicolitsas
Keyword(s):  
Market Competition ◽  
Industrial Relations ◽  
Product Market ◽  
Structural Features ◽  
Collective Agreement ◽  
Wage Setting ◽  
Firm Level ◽  
Content Type ◽  
Level Information ◽  
And Performance

PurposeThe paper aims to link product market features in the Greek metal processing sector to the wage-setting practices followed therein.Design/methodology/approachAggregate business structural statistics are used to document the product market structure features while information from a rich sectoral collective agreement database, covering a number of sectors of the Greek economy, is used for the wage-setting practices. The approach is, in general, descriptive and discursive with the use of some regression analysis.FindingsThe main findings of the paper include: first, the metal sector as a whole is heterogeneous in terms of its structural/productive features; second, the type of collective agreements followed in the subsectors of the metal sector appear related to the structural features of the subsectors; third, negotiated wages appear binding for subsectors facing less product market competition; and finally, the ability to opt out of the sectoral agreement and sign firm-level agreements during the recent crisis in Greece was used mainly by firms suffering accounting losses.Research limitations/implicationsThe research results are limited by the absence of detailed firm-level information both on the actual wages paid and on the exact industrial relations practices in the workplace.Originality/valueIn view of the changes taking place in industrial relations in general and collective bargaining in particular, the issue of the homogeneity – in terms of structure and performance – of individual sectors, sets the question of whether one size (agreement) fits all and consequently whether extensions of agreements to whole sectors are advisable. This is the spirit in which the paper is written. The originality is linked both to the issue addressed but also to the use of the detailed collective labour agreements information and its association with product market features.

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