| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 246/07 |
| Hearing date | 1 May 2007 |
| Determination date | 14 August 2007 |
| Member | J Wilson |
| Representation | S Mitchell ; G Malone |
| Location | Hamilton |
| Parties | NZ Meat Workers & Related Trades Union v AFFCO New Zealand Ltd |
| Summary | DISPUTE - Respondent upgraded plant - Parties agreed wages would be “made up” to tally (theoretical full production ) during commissioning period - Respondent claimed commissioning period ended when contractors withdrew and stopped payments to employees - Applicant argued period ended several months later when plant consistently reached tally - No agreement as to specific time limit for extra payments - Definition of “commissioning period” - In absence of specific definition agreed on between parties, must be assumed they intended to rely on usually accepted definition - Respondent’s interpretation accepted - Commissioning period ended when builders handed over completed plant to respondent - No further payments due to employees |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s5 |
| Number of Pages | 7 |
| PDF File Link: | aa 246_07.pdf [pdf 34 KB] |