| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 122 |
| Hearing date | 6 - 7 Aug 2015 (2 days) |
| Determination date | 14 December 2015 |
| Member | Michele Ryan |
| Representation | G Lloyd ; C Murphy |
| Location | New Plymouth |
| Parties | E Tu v Century Drilling and Energy Services (New Zealand) Ltd |
| Summary | DISPUTE – Parties disputed interpretation of clauses in Multi-Employer Collective Agreement (“MECA”) with respondent’s policies – Whether employee can be directed to reside in camp for specified period of time – Whether respondent can restrict length of time employee may be absent from camp |
| Abstract | AUTHORITY FOUND –;DISPUTE: Provisions in MECA to be construed in their ordinary meaning. No express requirement in MECA for employees to reside in camp unless certain circumstances applicable. Clause provided complete statement of circumstances requiring employees to reside in camp. Where inconsistency between terms of MECA and respondent’s policies, MECA prevails. Respondent’s directive regarding absences from camp does not address hazard identified. Directive is unreasonable. Health and safety obligations do not necessarily permit employer to intrude upon employee’s personal time. Respondent’s policy impacts on employee’s reasonable expectations of personal time. Policy unreasonable in all circumstances. Questions answered in favour of applicant. |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s53;ERA s61;ERA s174C(3);ERA s174C(4);ERA s174E;HSE s6 |
| Cases Cited | Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444;Silver Fern Farms Ltd v NZ Meat Workers and Related Trade Unions Inc [2010] NZCA 317, [2010] ERNZ 317;NZ Air Line Pilots' Association Inc v Air New Zealand Ltd [2014] NZEmpC 168. [2014] ERNZ 709;NZ Amalgamated Engineering Printing and Manufacturing Union Inc v Energex [2006] ERNZ 749 (EmpC);NZ Amalgamated Engineering Printing and Manufacturing Union Inc v Air New Zealand Ltd [2004] 1 ERNZ 614 (EmpC) |
| Number of Pages | 12 |
| PDF File Link: | 2015_NZERA_Wellington_122.pdf [pdf 401 KB] |