| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 368/04 |
| Hearing date | 8 Jul 2004 |
| Determination date | 12 November 2004 |
| Member | R A Monaghan |
| Representation | M Dawson ; E Butcher |
| Location | Auckland |
| Parties | Association of Staff in Tertiary Education v Webster, chief executive officer UNITEC Institute of Technology |
| Summary | COMPLIANCE ORDER - DISPUTE - Application by applicant for order that respondent comply with collective agreement (CA") - Application by respondent that Authority determine dispute over interpretation of CA - CA provided for "limited tenure" fixed term appointments - CA provided that surplus staff option provisions applied to "tenured employees" but did not apply to employees who had reached expiry of limited tenure appointment made for one of four stated purposes - Affected limited tenure employees were not appointed for one of stated purposes and some appointments had not reached expiry of fixed term - Applicant alleged surplus staff provisions applied to affected employees - CA maintained distinction between tenured and limited tenure employees - Lacuna in drafting of CA into which affected employees fell - Affected employees not covered by surplus staff provisions in CA" |
| Result | Application dismissed (compliance order) ; Question answered in favour of respondent ; Costs reserved |
| Statutes | ERA s66 |
| Cases Cited | Association of Staff in Tertiary Education v Central Institute of Technology [1991] 2 ERNZ 464;Boat Park Ltd v Hutchinson [1999] 2 NZLR 74;Carrington Polytechnic v Association of Staff in Tertiary Education unreported, Travis J, 4 August 1992, AEC 60/92;Dwyer v Air New Zealand Ltd [1996] 2 ERNZ 146;Hagg v The Principal, Auckland College of Education [1995] 2 ERNZ 239;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;Norske Skog Tasman Ltd v Clarke [2005] 1 ERNZ 206;Priest v Fletcher Challenge Steel Ltd [1999] 2 ERNZ 395 |
| Number of Pages | 6 |
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