| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 307 |
| Hearing date | 17 May & 9 June 2016 (2 days) |
| Determination date | 09 September 2016 |
| Member | Andrew Dallas |
| Representation | S Mitchell ; G Service, A Cropp |
| Location | Auckland |
| Parties | Postal Workers Union of Aotearoa v New Zealand Post Ltd |
| Summary | DISPUTE – Parties disputed interpretation of collective agreement (“CEA”) – Whether “lost time” for delays occasioned by hazards accounted for by respondent’s Delivery Work Measurement System (“DWMS”) |
| Abstract | AUTHORITY FOUND –DISPUTE: Methodology for DWMS process required consideration of hazard and safety issues. Manual did not identify limits on number or type of potential hazards but particularly problematic rounds could be exceptions to DWMS. Lost time claimed for delays occasioned by hazard identification already accounted for in DWMS. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s129 |
| Cases Cited | Fagotti v Acme Ltd [2015] NZEmpC 135 ; New Zealand Tramways Union (Wellington Branch) v Wellington City Transport Ltd (t/a Stagecoach New Zealand) [2002] 2 ERNZ 435 (EmpC) ; PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC |
| Number of Pages | 12 |
| PDF File Link: | 2016_NZERA_Auckland_307.pdf [pdf 202 KB] |