Communications During Bargaining
Communications During Bargaining
Our premier guide covers the rules around communication during bargaining and good faith requirements of the parties involved in the bargaining.
The Employment Relations Act 2000 sets out some rules in respect of communication during
bargaining, more so where collective bargaining is concerned. This guide will set out those rules
and provide some guidance on what conduct has been considered, by the Employment Relations
Authority or Employment Court, to be outside those rules.
It is important to understand at the outset, that communication during bargaining on the part of
employers in the context of collective bargaining can be interpreted as attempting to negotiate with
employees directly and bypass the union or unions. This was particularly so in some of the cases
that arose under the Employment Contracts Act 1991, which recognised bargaining agents other than
The provisions of the Employment Relations Act 2000 facilitate and protect freedom of association
to the extent that if an individual wishes to participate in collective bargaining and enjoy some of
its perceived protections then the individual must be a union member.

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