| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 57/03 |
| Hearing date | 15 May 2003 |
| Determination date | 20 May 2003 |
| Member | D Asher |
| Representation | K Tifaga ; P Swarbrick |
| Location | Nelson |
| Parties | Parkes v Carter Holt Harvey Ltd |
| Summary | DISPUTE - ARREARS OF WAGES - Interpretation of collective employment agreement - Whether entitled to shift allowance when working on overtime rates - Approach to interpretation of CEA - Clauses did not limit application of allowance to ordinary hours worked - Allowance applied in overtime situations - Arrears claims established - Parties to determine quantum - Leave reserved for Authority to determine quantum - PENALTY - Sought for failure to provide wage and time records - Records only necessary once liability established - Respondent agreed to provide records if outcome in applicants' favour - Penalty inappropriate - Kiln forklift operators |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Cases Cited | Association of Staff in Tertiary Education & Ors v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |