Volume 24   Number 2 June  1999 The Legal Obligation to Bargain in Good Faith in the New Zealand Labour Market: Rhetoric or Reality? Geoff Davenport Mr Davenport's article examines a typical and representative statutory duty to bargain in good faith - namely that which applies in British Columbia, Canada - and reveals that a statutory duty of this kind can be both unintrusive and non-litigious. Consideration is also given to the law applicable to bargaining in the New Zealand labour market. The author suggests that little of the substance of the duty to bargain in good faith (as that concept is understood in British Columbia) appears in our jurisdiction and that the aspects of this duty that have developed are haphazard and uncertain. The effect this void has on bargaining in New Zealand, and the potential benefits of introducing a duty of this kind into statute, are also addressed.

Labour Market Policies for the Election
Alan Geare and Ian McAndrew

An introduction by the editors of the NZJIR to the special election forum.
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"The Employment Contracts Act 1991 is the most successful piece of industrial relations legislation in New Zealand's history. The eight years since the legislation passed into law have shown that National has provided the right basis for our industrial relations framework into the next millennium. Once considered radical legislation, the Employment Contracts Act has become the model for flexible labour market legislation. It recognises that change has become a constant in the modern world ..."
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"ACT's approach to employment law is based on the simple truth that there is a natural common interest between employer and employee. Because of this common interest it makes sense to allow workers and employers as much scope as possible to come to arrangements concerning wages and conditions that suit them best. In contrast, the traditional approach to employment law has too often been based on the fallacy that employer and employee have opposing interests. It is assumed that, left to their own devices, workers will be "exploited" by employers, and that various laws and regulations aimed at "redressing the balance" are necessary. Yet almost invariably these regulations create more problems for workers than they ever solve. If they end up helping some workers, they only harm others far more seriously. Often those most harmed are unemployed people denied work altogether ..."
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"Employment law changes are a certainty should a Labour-led government be formed later this year. Ever since its enactment in 1991, Labour has held consistently that the Employment Contracts Act should be replaced. That view was reflected in detailed policy for the 1993 and 1996 elections. Moreover that issue was a significant stumbling block in our negotiations with New Zealand First just over two years ago ..."
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"The Alliance aims to win enough seats at the next General Election to govern co-operatively with the Labour party on a programme as close to that promoted by the Alliance as can be achieved. A key plank of the new government's programme must be the repeal of the Employment Contracts Act (ECA) and its replacement with a legal framework for genuine collective bargaining. Collective bargaining must also be underpinned by a significantly improved minimum code, including a substantially higher minimum wage and improved "needs-based" leave and holidays provisions ..."
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Negotiation Strategy Privilege
Richard Francois

One of the most important procedural aspects of litigation is the process of discovery. The law requires full, frank and fair disclosure of all relevant documentation in proceedings brought before a court to ensure litigation runs smoothly and with limited risks of surprise. The recent decision of the Employment Court in NZALPA v Air Nelson Ltd [1998] 3 ERNZ 322 confirmed that negotiation strategy privilege is a legitimate ground for not disclosing relevant material in Employment Court proceedings. However the Court in this particular case limited the scope of the privilege. Mr Francois' paper discusses the public interest in recognising negotiation strategy as a class of privilege, the effect of limiting the scope of the privilege, definitional difficulties and whether the privilege would sit easily with good faith bargaining principles.

CHRONICLE:

April - July 1998
Erling Rasmussen and Ian McIntosh

A round-up of recent New Zealand industrial relations events from December 1998 to April 1999.

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Archives

Information on recent, non-indexed NZJIR issues can be found by clicking on the appropriate links below.

Volume 23, Number 2 - June 1998
Volume 23, Number 3 - October 1998
Volume 24, Number 1 - February 1999
Volume 24, Number 2 - June 1999
Volume 24, Number 3 - October 1999
Volume 25, Number 1 - February 2000
Volume 25, Number 2 - June 2000
Volume 25, Number 3 - October 2000
Volume 26, Number 1 - February 2001
Volume 26, Number 2 - June 2001
Volume 26, Number 3 - October 2001
Volume 27, Number 1- February 2002
Volume 27, Number 2- June 2002
Volume 27, Number 3 - October 2002
Volume 28, Number 1- February 2003
Volume 28, Number 2- June 2003
Volume 28, Number 3- October 2003

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