| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 100/07 |
| Hearing date | 12 Oct 2006 |
| Determination date | 02 April 2007 |
| Member | D King |
| Representation | N Bush ; D Alderslade |
| Location | Auckland |
| Parties | New Zealand Nurses Organisation Inc. v Waikato District Health Board |
| Summary | DISPUTE - Parties disagreed on date of implementation of annual salary increments - Parties recently concluded multi employer collective agreement (MECA") although term of it began previous year - Applicant argued automatic salary increments should have taken place from date MECA came into force - Respondent submitted employees moved to new salary scale during term of agreement in accordance with appendix and anniversary date for increases was date all employees finished moving - Words clear on face of document but Authority also considered factual matrix to test its view of meaning - Authority took into account parties aim to achieve common salary scale and lump sum payments made to employees who received less than 10 percent pay increase over term of MECA - Some recipients would have been disentitled to payment if applicant's date used - Common scale clearly subject to provisions in appendix - Transition to common scale completed during term of MECA - Common scale provided for automatic increments - No provision in MECA for automatic increments to occur before common scale attained - Respondent's interpretation correct" |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Association of Staff in Tertiary Education Inc: ASTE Te Hau Takitini o Aotearoa v;Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Godfrey Hirst New Zealand Ltd v National Distribution Union Inc unreported, Colgan;J, 27 October 2004, AC 62/04;McLaren v Waikato Regional Council [1993] 1 NZLR 710;Northern Distribution Union (Inc) v 3 Guys Ltd [1992] 3 ERNZ 903;Principal of Auckland College of Education v Hagg [1997] ERNZ 116;Quainoo v NZ Breweries Ltd [1991] 1 NZLR 161 |
| Number of Pages | 3 |
| PDF File Link: | aa 100_07.pdf [pdf 24 KB] |