Communication during the bargaining process

20 February

Communication during the bargaining process

The Court of Appeal has issued its eagerly awaited decision in a case relating to whether an employer can communicate directly with employees during bargaining.

Last year Christchurch City Council appealed a decision of the Employment Court, which had held that there was effectively a blanket ban on any communications by an employer to employees during bargaining, relating to the bargaining.

The Court of Appeal’s decision overturns that part of the Employment Court’s reasoning, and finds in favour of the Council on this critical issue.

The Court’s finding is that Parliament did not intend to impose a broad general ban on all communications by an employer to employees during bargaining, and the only communications which would be in breach of the Act are those which either amount to an attempt to negotiate with employees about their terms and conditions, or which undermine or are likely to undermine the bargaining or the union’s authority in the bargaining.

The Court held the Council has “succeeded on several of its arguments and its future conduct will not be quite as restrained as it would have been under the Employment Court’s reasoning”.

Kensington Swan employment partner Susan Hornsby-Geluk says the Court of Appeal’s decision will provide welcome relief for all employers throughout New Zealand who have been unfairly prevented from issuing communications during bargaining.

She says it redresses the balance in bargaining, and provides a fairer platform for both parties to negotiate in good faith.

ENDS

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