| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 79 |
| Hearing date | 3 Apr 2013 |
| Determination date | 03 May 2013 |
| Member | P R Stapp |
| Representation | J Lowrie ; P Shaw |
| Location | Christchurch |
| Parties | New Zealand Nurses Organisation Inc v Canterbury District Health Board |
| Summary | DISPUTE – Parties disputed interpretation of uniform allowance provision in collective agreement (“CA”) – Whether respondent required to pay uniform allowance to employees not required to wear uniform - Whether applicant estopped from bringing claim because parties agreed clothing allowance not payable to affected employees – Whether delay indicated matter settled |
| Abstract | AUTHORITY HELD-;DISPUTE: Parties could not override right to have interpretation, application and operation dispute dealt with by Authority. No estoppel. No variation to CA to reflect agreement. Delay did not waive rights of applicant. No ambiguity in provision. Affected employees entitled to clothing allowance. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA - ERA Part 4 – ERA s129(2) |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_79.pdf [pdf 212 KB] |