| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 68 |
| Determination date | 03 May 2017 |
| Member | H Doyle |
| Representation | K O'Connor (in person) ; J Copeland |
| Location | Christchurch |
| Parties | O'Connor v Southland District Council |
| Summary | DISPUTE - Parties disputed interpretation and application of gratuity clause in individual employment agreement (“EA”) - Applicant sought payment of gratuity upon leaving employment - Respondent claimed entitlement in EA limited to retirement - Building Control Manager |
| Abstract | AUTHORITY FOUND -;DISPUTE: Intention of clause to preserve applicant’s existing gratuity entitlement under previous collective agreement. Clause takes effect only on retirement. Applicant did not satisfy the requirements for a gratuity payment. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Finance Act (No 2) 1941 s6 ; Finance Act (No 2) 1941 s6(2) |
| Cases Cited | New Zealand Airlines Pilots’ Association Inc v Air New Zealand Ltd [2016] NZEmpC 161;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317 (CA);Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Christchurch_68.pdf [pdf 35 KB] |