| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 65 |
| Determination date | 02 March 2016 |
| Member | Vicki Campbell |
| Representation | K Beck ; P Cranney |
| Location | Auckland |
| Parties | Vice Chancellor Auckland University of Technology v Tertiary Education Union Te hautu Kahurangi O Aotearoa |
| Summary | DISPUTE – Parties disputed interpretation of clause in collective employment agreement (“CEA”) – Whether consultation referred to in one clause can occur concurrently with another clause |
| Abstract | AUTHORITY FOUND -;DISPUTE: Wording of CEA requires consultation about process or criteria when surplus staffing situation exists, after final decision regarding proposed change made. Relevant part of CEA sets out sequential flow of events. Consultation obligations are separate and cannot occur concurrently. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s174 |
| Cases Cited | Tertiary Education Union v Vice-Chancellor, University of Auckland [2015] NZEmpC 169 |
| Number of Pages | 7 |
| PDF File Link: | 2016_NZERA_Auckland_65.pdf [pdf 169 KB] |