| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 162 |
| Hearing date | 5-Jul-16 |
| Determination date | 20 September 2016 |
| Member | C Hickey |
| Representation | U Lankes (in person) ; P Shaw |
| Location | Christchurch |
| Parties | Lankes v Canterbury District Health Board |
| Summary | DISPUTE – Parties disputed interpretation of leave clauses in individual employment agreement (“IEA”) – Scientific officer |
| Abstract | AUTHORITY FOUND –;DISPUTE: Applications for domestic leave as charge against sick leave above 20 days to be considered under IEA. Respondent entitled to exercise discretion in granting leave. Natural and ordinary meaning of words cannot support applicant’s interpretation. No evidence respondent took into account applicant’s nationality when considering leave application made. No evidence respondent exercised discretion improperly. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4 ; ERA s103(3) ; ERA s129 ; ERA s174E ; Holidays Act 2003 s65(1)(c) ; Holidays Act 2003 s66(2) ; Human Rights Act 1993 s21(1)9g) |
| Cases Cited | New Zealand Post Primary Teachers' Association v Board of Trustees of Okaihau College [2015] NZERA Auckland 262 |
| Number of Pages | 14 |
| PDF File Link: | 2016_NZERA_Christchurch_162.pdf [pdf 201 KB] |