| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 275 |
| Hearing date | 17-Feb-15 |
| Determination date | 10 September 2015 |
| Member | Robin Arthur |
| Representation | J Lawrie ; S Hornsby-Geluk |
| Location | Auckland |
| Parties | New Zealand Nurses Organisation and Anor v Tairawhiti District Health Board |
| Other Parties | Marshall |
| Summary | DISPUTE – Parties disputed international of clauses in collective employment agreement (“CEA”) concerning service and salary steps – Nurses |
| Abstract | AUTHORITY FOUND –DISPUTE: Purpose of provisions to retain access to entitlements triggered by length of service. Placement on salary step not discretionary. Number of days service was what mattered, not anniversary date by itself. Context of other clauses did not suggest other meaning. Interpretation did not offend common business sense. Subsequent conduct did not suggest other meaning. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Aste Te Hau Takitini O Aotearoa v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 (EmpC) ; Fagotti v Acme Ltd [2015] NZEmpC 135 ; Hansell (NZ) Ltd v Ma [2007] ERNZ 637 ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) ; Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trades Union Inc [2010] NZCA 317, [2010] ERNZ 317 ; Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 14 |
| PDF File Link: | 2015_NZERA_Auckland_275.pdf [pdf 322 KB] |