| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 98 |
| Hearing date | 9-Oct-15 |
| Determination date | 12 October 2015 |
| Member | Vicki Campbell |
| Representation | M Gundesen ; C McLorinan |
| Location | Wellington |
| Parties | New Plymouth District Council Staff Association Inc v Chief Executive New Plymouth District Council |
| Summary | DISPUTE – Parties disputed whether new Professional Lead (“PL”) and Team Coordinator (“TC”)positions fell under coverage clause in collective employment agreement (“CEA”) – COMPLIANCE ORDER – Applicant sought compliance with CEA |
| Abstract | AUTHORITY FOUND –DISPUTE: PL positions had accountabilities and responsibilities of controlling or administering teams. PL positions are Managers as defined by plan and ordinary meaning of word and excluded from coverage under CEA. Respondent did not breach CEA by excluding employees appointed to PL positions from coverage of CEA. Question answered in favour of respondent. TC roles oversee staff rather than controlling group of staff and on lower pay grade than managers would be. TC roles covered by CEA. Respondent breached CEA by excluding employees appointed to TC positions from coverage of CEA. Question answered in favour of applicant.COMPLIANCE ORDER: Respondent in breach of CEA. Compliance ordered. |
| Result | Application granted ; Question answered in favour of applicant; Question answered in favour of respondent ; Orders made |
| Main Category | Dispute |
| Statutes | ERA s53 ; ERA s174E |
| Cases Cited | APN New Zealand Ltd v New Zealand Amalgamated Engineering Union [2004] 2 ERNZ 281 (CA) ; New Zealand Professional Firefighters Union v New Zealand Fire Service Commission [2011] NZEmpC 149 ; 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 | 11 |
| PDF File Link: | 2015_NZERA_Wellington_98.pdf [pdf 253 KB] |