| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 154/03 |
| Hearing date | 14 Feb 2003 |
| Determination date | 29 May 2003 |
| Member | Y S Oldfield |
| Representation | B Corkill ; E Huston |
| Location | Auckland |
| Parties | Van de Mark v Tairawhiti District Health Board |
| Summary | DISPUTE - Interpretation and application of collective employment agreement - Originally employed on individual contract - Later became party to collective agreement - Collective agreement provided option for lower salary but higher pay for on-call work - Applicant never expressly transferred to lower salary option - Assumed that option automatically applied to her - Unaware that payment was being made at rate in original individual contract - Reduced staffing levels - More on-call work required - Would have been paid more if on lower salary option - Whether s19 Employment Contracts Act 1990 meant that collective agreement option overrode individual contract - Benefit only derived if certain circumstances existed - Circumstances continually changed - Collective agreement not superior - Right to transfer not retrospective - Transfer provision not void for uncertainty - Implied agreement to transfer - Express request to be paid on-call allowances in collective agreement - Entitled to unpaid allowances - Obstetrician/gynaecologist |
| Result | Application granted ; Damages in favour of applicant (Quantum reserved) ; No order for costs |
| Statutes | ECA s19;ERA s61 |
| Number of Pages | 14 |
| PDF File Link: | aa 154_03.pdf [pdf 86 KB] |