Trial period provisions of the Employment Relations Act 2000 have been clarified in a recent case in the Employment Court, Smith v Stokes Va...
Policies, Procedures & SafeguardsNovember 7, 2017
The appearance of a union at the workplace can be challenging for any employer. However, there are clear obligations on union officials and on employers during this process and knowing what is required by each party can make the situation easier to manage.
Before a union representative can enter the workplace there are a few criteria to be met, not least of which is the agreement to act in good faith. More specifically, a union representative can only enter if:
For a union representative wanting to enter a workplace they are required to do so at reasonable times, and must ask the employer before showing up and walking in. When an employer is asked by a union representative to enter the workplace, they cannot simply say no; there must be a reason given and it must be provide to the union as soon as reasonably practicable.
If an employer says no they must give fair reasons in writing, no more than one working day later than they were asked. Failing to advise the union of an answer within two working days will be taken as yes and the union representative can enter the workplace. Saying no and not giving a reason can result in the employer receiving heavy penalties from the Employment Relations Authority.
There are some reasons an employer may be able to refuse a request for a union representative to enter the workplace. An employer can refuse if:
Both of these reasons require formal certificates from a government agency.
When in the workplace, a union official must act in a reasonable manner. Meaning they must respect normal business operations and comply with reasonable health, safety and security processes. It also means the union representative must notify the employer of the reasons for their entry, as well as prove their identity and authority to represent the union.
Both parties have an obligation to comply with guidelines related to union right of entry, which means employers should be across how they should respond to a request from a union. For advice or guidance on this, employers should call Employsure on 0800 675 700.