| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 119 |
| Hearing date | 28 Aug 2013 |
| Determination date | 30 September 2013 |
| Member | G J Wood |
| Representation | O Christeller ; S Davies |
| Location | New Plymouth |
| Parties | First Union Inc and Ors v Hooker Bros Holdings Ltd |
| Other Parties | Hoskin, Allan, Paulo, Wilkins, Taylor, Smith, Wetzel, Bridger, Hunuhunu |
| Summary | DISPUTE – Parties disputed interpretation of payment clauses in collective agreement (‘CA’) – Whether second applicants entitled to additional achievement payments – Whether payments incorporated into employees’ core wage rates – Respondent claimed additional achievement payments only owed to employees who had achieved some but not all qualification requirements for higher grade |
| Abstract | AUTHORITY FOUND –;DISPUTE: Wording of CA ambiguous. Additional achievement payments paid upon successful achievement of qualification. Consistent with interpretation of drafting intentions to not allow double counting. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Wellington_119.pdf [pdf 184 KB] |