Matters · [2024] NZERA 43
THE ATHLETES’ COOPERATIVE INCORPORATED v HIGH PERFORMANCE SPORT NEW ZEALAND LIMITED
A registered union representing elite athletes sought to bargain collectively with a publicly funded high performance sport organisation that employs none of its members. The Authority held the initiation notice valid and the organisation obliged to bargain in good faith; the Employment Court, sitting as a full Court, set that determination aside, holding that s 40 requires an employment relationship. The Court of Appeal declined leave to appeal and ordered the union to pay costs.
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