| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 27/09 |
| Hearing date | 15 Dec 2008 |
| Determination date | 09 March 2009 |
| Member | J Crichton |
| Representation | S Cook ; P Cranney |
| Location | Christchurch |
| Parties | Christchurch Polytechnic Institute of Technology v Academic Staff in Tertiary Education |
| Summary | DISPUTE – Interpretation of collective employment agreement (“CEA”) – Clause stated applicant to grant leave on full pay to employees required as members or in their formal capacity to attend meeting of disputes and grievance committees – Applicant argued no statutory authority now existed, and could not be replaced – Respondent argued all full time employees who participated in mediation or Employment Relations Authority hearing would be participating in problem solving processes relating to employment relationship, so therefore covered by plain words of clause – Authority considered words of clause, reference to relevant law, historical context and development of clause over time – Found clause originated in old Award when Education Act 1964 and Labour Relations Act 1987 applied – Found disputes and grievance committees clearly no longer in existence – Found problem resolution system so significantly different that no body or bodies replaced those particular organs – Found none of potential candidates in function were themselves an “approved statutory authority” – Found committees not established under same provision – Found being “member of” or attending “in formal capacity” required, which would not work for mediation or Authority – Found not appropriate to write provision into CEA where parties failed to deal with matter appropriately - Found applicant entitled to declaration that clause meaningless, as parties failed to appropriately amend provision to reflect evident changes in statutory employment law and consequent changes in structures which assist resolution of employment disputes |
| Result | Questions answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ECA s176(1);Education Act 1964;Labour Relations Act 1987 |
| Cases Cited | Wel Energy Group Ltd v Electricity Corporation of New Zealand [2001] 2 NZLR 1 |
| Number of Pages | 10 |
| PDF File Link: | ca 27_09.pdf [pdf 45 KB] |