| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 265/03 |
| Hearing date | 26 Nov 2002 |
| Determination date | 02 September 2003 |
| Member | K J Anderson |
| Representation | R McCabe ; K Thompson |
| Location | Auckland |
| Parties | Medcalf v Air New Zealand Ltd |
| Summary | DISPUTE - Interpretation of collective employment agreement - Whether applicant entitled to bypass payment - CEA provided for promotion based on seniority - Applicant lodged standing bid for captain's position - Less senior employee gained position - Applicant sought bypass payment under CEA - Renegotiated CEA led to transitional provision - Transitional provision took precedence over bypass system - Appointment of employees on provisions schedule before bypass system reinstated - Alternatively 4 employees more senior to applicant also bypassed - Not entitled to bypass payment |
| Result | Application dismissed ; Question answered in favour of respondent ; Costs reserved |
| Cases Cited | Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |