| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 86/04 |
| Determination date | 04 August 2004 |
| Member | A Dumbleton |
| Representation | N McPhail ; M Braithwaite |
| Location | Christchurch |
| Parties | University of Canterbury v The Association of University of Staff (Inc) |
| Summary | DISPUTE – Joint application – Satisfied that mediation would not constructively assist parties - Interpretation of collective agreement – Salary bands – Restructuring – Some employees' positions changed, not enough to disestablish positions, but such that “new” position meant change to lower band and lower salary – Applicant advised would not implement reductions of salary – Whether applicant entitled by CA to confirm certain employees during restructuring, into jobs which were rebanded to higher or lower band – Applicant had not correctly applied provisions of CA – Applicant purported to vary terms/conditions of affected staff - Question answered in favour of respondent to extent that applicant could not evaluate or re-evaluate existing position into which employee had been confirmed – Leave open to parties to apply to Authority for further directions or clarification if required |
| Result | Question answered; Orders accordingly ; No order for costs |
| Statutes | ERA s159 |
| Cases Cited | Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558 |
| Number of Pages | 6 |
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