| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 280/07 |
| Hearing date | 27 Aug 2007 |
| Determination date | 10 September 2007 |
| Member | R Arthur |
| Representation | S Mitchell ; P Swarbrick |
| Location | Auckland |
| Parties | Postal Workers Association v New Zealand Post Ltd |
| Summary | DISPUTE - Interpretation of provision regarding allowance for posties who used own vehicles get to start point or other parts of round - Bicycles used for deliveries - Vehicle user agreement (“VUA”) identified three elements of travel for which allowance available, distance between branch and start of round, distance between sections as part of round, and up to end point of round as determined by respondent - End point not always branch began day at - Whether VUA correctly reflected collective employment agreement, which provided for allowance when vehicle used “for New Zealand Post business” - Applicant sought declaration allowance equivalent to return journey to branch payable to posties when distance to branch greater than distance to their home - Claimed during return journey vehicle remained in use for respondent’s business and remained at least partly in use until mail bags and bicycle secured as required by respondent - Respondent contended working day ended when postie reached end point of round - Question was whether vehicle in use for respondent’s business, not whether postie themselves on respondent’s business at time vehicle in use - Business taken to mean “work to be done or matters to be attended to” for purposes of respondent - Did not extend to every task or activity done by postie that might benefit respondent, e.g. travel to work - Task of securing gear could not be elevated to level of work, rather fulfilment of obligation to secure property - Use of vehicle to transport bicycle did not make activity one for respondent’s business - Respondent’s business concluded when postie left designated end point - Further allowance not payable |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Postal Workers Union v New Zealand Post Limited unreported, PR Stapp, 17 February 2004, WA 18/04;Association of Staff in Tertiary Education Inc v Hampton [2002] 1 ERNZ 491 |
| Number of Pages | 9 |
| PDF File Link: | aa 280_07.pdf [pdf 32 KB] |