| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 165 |
| Hearing date | 26-May-15 |
| Determination date | 02 November 2015 |
| Member | David Appleton |
| Representation | G Velthuis (in person) ; R Brazil |
| Location | Dunedin |
| Parties | Velthuis v Milmeq Ltd |
| Summary | DISPUTE - Parties disputed interpretation of long service leave clause in collective agreement - Whether intention of parties to collective agreement relevant |
| Abstract | AUTHORITY FOUND -DISPUTE: Respondent and union intended long service leave clause would only apply to employees who were union members when agreement entered into. Plain meaning of words did not support this interpretation. Ordinary rule that parties’ intention immaterial not applicable as parties to agreement not in dispute. Should not interfere in bargain reached between parties to collective agreement. Parties’ intention prevails. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s12 - ERA s51 - ERA s51(2) - ERA s163 |
| Cases Cited | Compensation Scheme Ltd v West Bromwich Building Society [1997] UKHL 28;Progressive Meats Ltd v Pohio [2012] NZEmpC 103;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] NZCA 317, [2010] ERNZ 317 |
| Number of Pages | 13 |
| PDF File Link: | 2015_NZERA_Christchurch_165.pdf [pdf 259 KB] |