| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 335/08 |
| Hearing date | 2 Sep 2008 |
| Determination date | 25 September 2008 |
| Member | L Robinson |
| Representation | P Blair ; N Jones |
| Location | Auckland |
| Parties | Whitney and Ors v New Zealand Post Ltd |
| Other Parties | Westra, Postel Workers Union of Aotearoa Inc |
| Summary | DISPUTE - Dispute as to interpretation of remuneration provision in collective employment agreement (“CEA”) - Applicants claimed first and second applicants (“X” and “Y”) should have commenced current employment on step 3 not step 1 of remuneration scale due to having relevant experience from prior service with respondent - Respondent claimed previous experience not relevant as historical and not within past five years - Authority noted reference to five years arbitrary and not derived from CEA - Authority found relevant should be given plain, ordinary meaning; namely “bearing upon or connected with matter at hand” or “pertinent - Found previous historical experience relevant as had bearing upon and connected to present employment - Respondent’s argument that "relevant" synonymous with "recent" rejected - Found not within plain and ordinary meaning of word - Found interpretation not available in context - Found only qualification on relevant service that had to be for minimum of two years - Parties could have agreed experience be recent but did not - Authority not prepared to read words into provision - Found respondent did not enquire into X and Y’s prior service so could not reasonably conclude not relevant - Authority confirmed applicant’s interpretation of remuneration provision of CEA as sought in terms set out as remedies in statement of problem" |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 5 |
| PDF File Link: | aa 335_08.pdf [pdf 21 KB] |