Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 147/08
Hearing date 30 Sep 2008
Determination date 06 November 2008
Member G J Wood
Representation S Fraser ; D Best
Location Wellington
Parties New Zealand Fire Service v New Zealand Professional Firefighters Union
Summary DISPUTE – Dispute as to whether fire fighters entitled to minimum three hours overtime for attending meetings when would otherwise be off duty, or whether simply entitled to payment for time actually spent at meeting – Key issue whether attendance at meetings assessed as coming under “extended shift” or “call out” part of overtime clause in Collective Employment Agreement (“CEA”) – Previously applicant issued circular concerning pre-arranged call-outs and overtime – Respondent considered approach in circular unfair – Subsequently parties met as disputes committee under statutory mediator to decide issue – Question posed for committee was whether any worker who worked overtime other than as continuation of shift, required to be paid minimum payment of three hours pay at appropriate overtime rate – Mediator’s answer to question “no” – Authority found if words had not subsequently changed then decision binding on parties – Authority declared pre-arranged officer meetings not call-outs in terms of clause in CEA
Result Questions answered in favour of applicant ; Costs reserved
Main Category Dispute
Cases Cited Northern Caretakers etc IUOW v Bradbury Wilkinson & Co (NZ) Ltd [1990] 1 NZILR 660
Number of Pages 3
PDF File Link: wa 147_08.pdf [pdf 17 KB]