| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 18 |
| Hearing date | 15 April 2014 |
| Determination date | 27 January 2015 |
| Member | R Arthur |
| Representation | J Lawrie ; G Peploe |
| Location | Hamilton |
| Parties | New Zealand Nurses Organisation and Anor v Waikato District Health Board |
| Other Parties | Panettiere |
| Summary | DISPUTE - Parties disputed interpretation and application of resignation gratuity clause in parties collective agreement (CA) - Whether applicant resigned or retired - Meaning of retire" in context of parties CA - Charge midwife manager" |
| Abstract | AUTHORITY FOUND -DISPUTE: Applicant remained registered to practice as midwife and continued to work as midwife at private birthing units after employment with respondent ended. Applicant had not withdrawn from occupation so could not reasonably be said to have retired. Applicant did not retire for purposes of retirement gratuity clause in CA. Applicant not entitled to gratuity. Questions answered in favour of respondent. |
| Result | Questions answered in favour of respondent; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s129(2);ERA s174 |
| Cases Cited | Auckland Provincial District Local Authorities Officers IUOW v Glen Eden Borough Council [1983] ACJ 479;Auckland Provincial District Local Authorities Officers IUOW v Takapuna City Council [1978] ACJ 153;Brooker v State Insurance Ltd [2000] 2 ERNZ 274;Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Hansells (NZ) Ltd v Ma [2007] ERNZ 637;New Zealand Nurses Organisation v Whangaroa Health Service Trust ERA Auckland AA326/10, 19 July 2010;Rawiri v Attorney General in respect of The Chief Executive of the Inland Revenue Department ERA Wellington,WA129/09, 9 September 2009;Silver Fern Farms Ltd v New Zealand Meatworkers and Related Trade Unions Inc [2010] NZCA 317, [2010] ERNZ 317;Southern Canterbury District Health Board v Milner EmpC Christchurch CC9/02, 12 April 2002;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] NZLR 444 |
| Number of Pages | 20 |
| PDF File Link: | 2015_NZERA_Auckland_18.pdf [pdf 286 KB] |