| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 16 |
| Determination date | 10 February 2014 |
| Member | M Ryan |
| Representation | N Santesso ; S Fraser |
| Parties | Mills v New Zealand Post Ltd |
| Summary | DISPUTE - Parties disputed interpretation of contractual benefit in collective employment agreement - Whether applicant entitled to roster make-up allowance" ("RMA") - Applicant entitled to RMA as full time employee - Applicant changed to part time position and then back to full time - Whether entitlement to RMA required continuous full time employment" |
| Abstract | AUTHORITY FOUND -;DISPUTE: No words used within RMA provision specified entitlement dependent on continuous full time employment. No direct or extrinsic evidence to support respondent's view. Applicant's entitlement to RMA did not permanently extinguish by either express or implied terms within RMA provisions or subsequent letters of variation to employment. Applicant entitled to benefit of RMA provision. Respondent ordered to reimburse RMA payments from date applicant returned to full time hours. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant; Orders made; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Attorney-General v New Zealand Post Primary Teachers Association [1992] 1 ERNZ 1163;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 8 |
| PDF File Link: | 2014_NZERA_Wellington_16.pdf [pdf 183 KB] |