| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 67/02 |
| Determination date | 14 March 2002 |
| Member | D Asher |
| Representation | I Davidson; R Parmenter |
| Location | Wellington |
| Parties | Pope v Excell Corporation Ltd |
| Summary | DISPUTE - Whether entitled to standby allowance - Responsible for managing contract requiring coverage outside normal working hours - On call - Whether required to be on standby - Never expressly instructed to be on standby - Important to meet external contractual obligations - Requirement to be on standby could be inferred from expected duties - Availability required for external contract became term of employment contract - Realities of situation - Question answered in favour of applicant - Entitled to standby allowance - UNJUSTIFIED DISADVANTAGE - Dispute and grievance effectively duplicate same claim - No evidence respondent selectively excluded applicant from payment of allowance - No disadvantage - Damages for breach of good faith or employment agreement not appropriate - Penalty not appropriate - Contracts manager |
| Result | Application granted ; Arrears of wages (Quantum to be calculated by parties) ; Costs reserved |
| Statutes | ERA s4;ERA s4(1) |
| Cases Cited | NZ Association of X-ray Workers (APEX) v Auckland Area Health Board [1989] 3 NZILR 451;NZ Labourers etc IUOW v Hastings City Council [1984] ACJ 303;NZ Labourers etc IUOW v Otamatea County Council [1985] ACJ 522 |
| Number of Pages | 11 |
| PDF File Link: | aa 67_02.pdf [pdf 30 KB] |