| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 115 |
| Hearing date | 11 Jul 2014 |
| Determination date | 04 August 2014 |
| Member | D Appleton |
| Representation | A McKenzie ; P Shaw |
| Location | Christchurch |
| Parties | National Union of Public Employees Inc v Canterbury District Health Board |
| Summary | DISPUTE - Parties disputed interpretation and application of collective agreement in relation to payment of motor vehicle allowances to school and community dental employees - Whether agreement reached mileage reimbursed at different rate to other staff - Whether wording of collective precluded employees being paid same mileage rate of other staff - Whether employees entitled to be paid mileage for travel between home and first place of work - Interpretation of employer business and work related travel |
| Abstract | AUTHORITY FOUND -;DISPUTE: No agreement in relation to special rate. Travelling from work to home not part of employer's business but still work related travel. Work related travel to be reimbursed at rate stipulated in parties collective agreement. Respondent had been reimbursing work related travel undertaken by school and community dental employees at the incorrect rate since 2007. Respondent's liability limited to six year period. Parties to determine quantum for reimbursement. Leave granted for parties to return to Authority for assistance in determining quantum. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s142 |
| Cases Cited | New Zealand Professional Firefighters Union v The New Zealand Fire Service Commission [2011] NZEmpC 149;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Christchurch_115.pdf [pdf 184 KB] |