| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 109 |
| Hearing date | 6 Dec 2013 |
| Determination date | 29 October 2014 |
| Member | M Ryan |
| Representation | P Morten ; R Chan |
| Location | Wellington |
| Parties | New Zealand Post Primary Teachers Assoc v Secretary for Education |
| Summary | DISPUTE - Parties disputed interpretation and application of maternity grant provisions in parties collective agreement - Whether teacher entitled to further maternity grant following birth of subsequent child where teacher had not returned to work between maternity leave periods - Respondent claimed if second maternity grant available, amount of grant nil as based on income at time of birth |
| Abstract | AUTHORITY FOUND -DISPUTE: Plain meaning of words clear and unambiguous both as to entitlement and quantum of maternity grant. Entitlement to second maternity grant not extinguished by non-return to work between periods of maternity leave. Parties continued to affirm material provisions in at least three successive bargaining rounds. Calculation of grant to be according to salary apportioned to position held by teacher not actual income at time of birth. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant; Costs reserved |
| Main Category | Dispute |
| Statutes | Parental Leave and Employment protection Act 1987 |
| Cases Cited | New Zealand Airline Pilots Association v Air New Zealand Ltd [2014] NZEmpC 168;New Zealand Professional Firefighters Union v The New Zealand Fire Service Commission [2011] NZEmpC 149;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 | 15 |
| PDF File Link: | 2014_NZERA_Wellington_109.pdf [pdf 3 MB] |