| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 79/02 |
| Determination date | 22 March 2002 |
| Member | Y S Oldfield |
| Representation | D France ; K Thompson |
| Location | Auckland |
| Parties | Barker v Air New Zealand Ltd |
| Summary | DISPUTE - Interim determination - Interpretation, application and operation of collective agreement - Whether collective agreement referred to actual or rostered duty time - Concerned that contractual maximums for number of hours worked in set period exceeded - Plain meaning clear and unambiguous - Reference to actual time - Possible to give effect to plain meaning in normal course of events without being applied inflexibly - No absurdity if plain meaning applied - Exceeding maximum not necessarily a breach of contract - Not possible to give absolute guarantee that overruns would not occur - Further investigation to determine if contract breached - Problems best addressed by further mediation - Options to be discussed with counsel |
| Result | Application successful in part ; Orders accordingly ; Costs reserved |
| Number of Pages | 9 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |