| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 33/06 |
| Hearing date | 1 Nov 2005 |
| Determination date | 10 February 2006 |
| Member | M Urlich |
| Representation | R Alchin ; G Pollak |
| Location | Auckland |
| Parties | New Zealand Dairy Workers Union v Fonterra Co-operative Group Ltd |
| Summary | DISPUTE - Interpretation of collective employment agreement - Parties agreed to extend respondent's productivity scheme to temporary employees - Employees had to apply for payment - Final two sentences of relevant clause stated Application should be made to the site payroll officer before the last Friday of July each year" and "It will be paid on a pro-rated basis, by end of August" - Respondent alleged that this meant no more applications from temporary employees would be processed after that date - Applicant alleged that applications received by that date would be paid by end of August, but applications received after that date would be processed in due course - "Should" could be read as definite or indefinite - After looking at clause as a whole it was artificial to say that timeframe established in final two sentences established a cut-off date for applications to be lodged - If parties intended to introduce a cut-off date then they should have used unequivocal language" |
| Result | Question answered in favour of applicant ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 33_06.pdf [pdf 15 KB] |