On 30 June 2008 the Employment Relations Authority ruled that the DHBs breached their obligations to act in good faith during negotiations with the RDA. The ERA ruled that the DHBs failed to provide evidence to substantiate their claim that their offer to junior doctors was “consistent” with what they offered to Salaried Medical Officers (SMOs). Under the requirements of good faith bargaining, both parties are required to provide “information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining”. DHBs are now required to comply with their obligations by providing the requested information directly to NZRDA or to a mutually agreed independent reviewer within 21 days of the date of the determination.
DHBs have appealed this decision. See below for more information:
