| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 7/07 |
| Hearing date | 6 Nov 2006 |
| Determination date | 26 January 2007 |
| Member | P Cheyne |
| Representation | V Donaghy & J Pearson ; G Lloyd |
| Location | Christchurch |
| Parties | Asure New Zealand Ltd v NZ Public Service Association Inc |
| Summary | DISPUTE - Dispute between parties regarding penal rate clause in collective employment agreement (CEA") - Employees sometimes worked extra hours at specified plant to service overtime worked by plant - Clause stated overtime paid at T1.5 when over current daily hours of work, except during periods of extended/high kill - Hours of work ("HOW") agreement set out duration of normal day and "OT" day at plant - Memos and rosters referred to extra production as OT - Applicant argued work fell within "extended/high kill" exception - Exception related to production pattern distinct from frequent but irregular additional production at issue here - Authority considered parties intended to create entitlement to penal rate when employee worked over daily hours currently required and worked greater than the total weekly hours currently required - Applicant argued "OT" in HOW agreement synonym for "extended/high kill" - If parties had intended that would have used same words - "OT" worked at specified plant not caught by exclusion - Overtime to be paid at penal rate of T1.5 when it was over daily hours and greater than their total applicable weekly set out in HOW agreement" |
| Result | Question answered in favour of respondent ; Orders accordingly ; Costs reserved |
| Main Category | Dispute |
| Statutes | Animal Products Act 1999 |
| Cases Cited | ASTE Te Hau Takitini O Aotearoa Inc v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491 |
| Number of Pages | 5 |
| PDF File Link: | ca 7_07.pdf [pdf 34 KB] |