Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 96/03
Hearing date 8 Jul 2003
Determination date 09 September 2003
Member H Doyle
Representation P Cranney ; N A McPhail
Location Christchurch
Parties Smith and Ors v Vice Chancellor of the University of Canterbury
Other Parties Wilson, The Association of University Staff Incorporated
Summary DISPUTE - Whether free car parking term or condition of employment - Respondent sought to charge fee for previously free parking for employees - Whether removal of free parking reduced existing entitlements - Free parking existed for 30 years with exception of one year - Free parking not express term of collective employment agreement - Insufficient evidence of oral term - No implied term - No entitlement - Respondent allowed to change regulations to ensure smooth operation - Future changes should require earlier consultation
Result Application dismissed ; Question answered in favour of respondent ; Costs reserved
Cases Cited British Broadcasting Corporation v Hearn [1978] 1 All ER 111;Elston v State Services Commission (No 3) [1979] 1 NZLR 218;NZPSA v Department of Survey and Land Information [1991] 1 ERNZ 722;Wellington District Hotel etc IUOW v Wellington Area Health Board [1990] 3 NZILR 16
Number of Pages 13
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