| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 114 |
| Hearing date | 30 Jan 2014;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 whether closing dates set by respondent for Community Dental Service breached collective employment agreement (CEA") - Whether dental therapists and dental assistants not required to work more than 40 weeks per year - Whether dental therapists and assistants not required to work more than 200 days per year - Whether dental therapists and assistants not required to work more than number of half days per year that Minister of Education prescribed primary schools must be open - Whether dental therapists and assistants had expectation of twelve weeks' paid leave per year - Whether term could be implied into CEA based on custom and practice - Dentist" |
| Abstract | AUTHORITY FOUND -;DISPUTE: Ordinary meaning of relevant clause in CEA provided that dental therapists and assistants not to be required to work when all primary schools within respondent's region closed. No material extrinsic evidence put before Authority showing that words of relevant clause meant anything other than plain meaning. Dental therapists and assistants remunerated for entire year including non-working weeks. Dental therapists in respondent's region not paid less than in other regions. Dental therapists and assistants required to attend clinics on days when not all primary schools closed in absence of express or implied term defining circumstances in which not required to work when at least one primary school closed. No express clause in CEA limiting number of weeks per year that dental therapists and assistants could be required to work when a primary school open. No sufficiently clear evidence to satisfy tests for implying term into CEA based on custom and practice. No limit in terms of number of weeks, days or half days per year beyond which dental therapists and assistants could not be required to work. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Education Act 1989 s65A(1);Holidays Act 2003;Interpretation Act 1999 s33 |
| 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;Woods v N J Ellingham & Co Ltd [1977] 1 NZLR 218 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Christchurch_114.pdf [pdf 193 KB] |