| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 397/07 |
| Hearing date | 30 Nov 2007 - 4 Dec 2007 (2 days) |
| Determination date | 17 December 2007 |
| Member | M Urlich |
| Representation | H White ; L Penno |
| Location | Auckland |
| Parties | Unite Union Inc v ILA South Pacific Ltd t/a Kaplan Aspect |
| Summary | DISPUTE - Applicant argued terms of employment allowed members to complete other duties off-site once contact teaching hours complete - Respondent contended able to direct teachers to work 37.5 hours on-site - Collective employment agreement (“CEA”) silent on usual working hours or rostering of non-contact hours - Teachers could not be rostered duties in absence of agreed rostering mechanism and usual working hours could not be set when no agreement as to what usual hours would be - Working week of 37.5 hours beyond scope of CEA and respondent unable to direct staff to be onsite those hours - No consultation about changes and no agreement to vary terms of employment - Respondent also wanted to teachers to supervise study centre - Considered work administrative only, while applicant argued amounted to contact teaching and should be paid accordingly - Based on evidence, reasonable to conclude work amounted to contact teaching - Questions answered in applicant’s favour - Respondent also to make roles under CEA clear |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s4(4);ERA s4(4)(c);ERA s4(4)(d);ERA s61(1) |
| Cases Cited | Auckland CC v NZ Public Service Assn Inc [2003] 2 ERNZ 386; [2004] 2;NZLR 10 (CA);New Zealand Amalgamated Engineering Printing and Manufacturing;Union Inc v The Christchurch Press [2005] ERNZ 543 |
| Number of Pages | 8 |
| PDF File Link: | aa 397_07.pdf [pdf 31 KB] |