Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 185/05
Determination date 30 November 2005
Member P R Stapp
Representation T Waddel ; S Mitchell
Location Wellington
Parties PPCS Ltd v Meat and Related Trades Workers Union of Aotearoa Inc
Summary BREACH OF CONTRACT - Applicant notified slaughtering employees of availability of overtime weekend work - Respondent notified applicant that members would not work that weekend unless all operations not just slaughtering offered work - No operations took place - Applicant alleged employees in breach of collective employment agreement by refusing work - More appropriate that employment relationship problem be resolved as dispute - If alleged breach remained a concern then it would require further investigation - DISPUTE - Interpretation of collective agreement - Respondent alleged that under collective agreement if overtime was offered it had to be offered to all departments - Authority found in favour of applicant's right to offer Saturday overtime to employees by department without an obligation to offer it to all employees
Result Question answered in favour of applicant ; Costs reserved
Statutes ERA s53(2)
Number of Pages 4
PDF File Link: wa 185_05.pdf [pdf 18 KB]