| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 121/06 |
| Hearing date | 6 Apr 2006 |
| Determination date | 11 August 2006 |
| Member | P Montgomery |
| Representation | Richard McCabe ; David France |
| Location | Christchurch |
| Parties | New Zealand Air Line Pilots Association Inc v Mount Cook Airline Ltd |
| Summary | DISPUTE - Applicant sought number of determinations regarding interpretation, application and operation of collective employment agreement (CEA") - Whether Bangkok Daily Expense Allowance ("DEA") agreed between parties - CEA did not provide DEA for Bangkok - Parties entered temporary arrangement that referred to template used by another airline to set allowances - Issue of good faith raised over template - Respondent may have misrepresented position on possession of template but given applicant had document it said was relevant to issue, scales evenly balanced - Relevance of document over 25 years old exercised Authority's mind considerably - Parties directed to agree to quantum for Bangkok DEA as required by CEA - Respondent entitled to continue to require pilots to depart for and train in Bangkok - Respondent not in breach of CEA in requiring and rostering pilots to depart for Bangkok - Temporary agreement remained in force as no further agreement reached - COMPLIANCE ORDER - Application for order respondent cease requiring and rostering pilots to depart for Bangkok until DEA agreed declined - Application for order requiring respondent to apply agreed process to fix agreed permanent DEA declined - Both parties to resolve quantum issue - PENALTY - Penalties for breach of CEA and good faith obligations declined" |
| Result | Orders accordingly ; Application dismissed (Compliance order and penalty) ; Costs reserved |
| Statutes | ERA s135;ERA s137(2);ERA s161(a);ERA s161(b);ERA s161(f) |
| Number of Pages | 6 |
| PDF File Link: | ca 121_06.pdf [pdf 36 KB] |