| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 70/09 |
| Hearing date | 2 Apr 2009 |
| Determination date | 29 May 2009 |
| Member | P Cheyne |
| Representation | H McAra ; J Copeland |
| Location | Queenstown |
| Parties | Conrad v Real Journeys Ltd |
| Summary | BREACH OF CONTRACT – Applicant claimed breach of collective employment agreement (“CEA”) following failure to provide certain number of days off – Applicant rostered 10 days on, 4 days off during winter – Applicant rostered 9 days on, 5 days off during summer – When winter roster changed to summer roster, applicant had 1 day off from 10 days on before 6 days on - Applicant did not work all rostered hours due to weather conditions – Applicant claimed summer roster breached CEA and entitled to 4 days off – Authority found no breach of CEA – Found natural and ordinary meaning of CEA did not stipulate days off must follow days on and order which days must occur – Found applicant not entitled to 4 days off following 10 days on – Applicant claimed implied term of CEA days off must follow days on – Found implying such term would be inconsistent with express terms in CEA – Applicant claimed roster arrangement breached implied duties of health and safety – Applicant raised concerns of fatigue due to working 16 consecutive days – Respondent told applicant to liaise closely with Manager to manage problem – Respondent requested Manager monitor situation and not allow applicant to sail if unable to – Authority found respondent took all reasonable care to avoid exposing applicant to unnecessary risk of injury – No breach – Launch Master |
| Result | Application dismissed; Costs reserved |
| Main Category | Breach of Contract |
| Cases Cited | Association of Staff in Tertiary Education & Ors v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;Attorney General v Gilbert [2002] 1 ERNZ 31 |
| Number of Pages | 5 |
| PDF File Link: | ca 70_09.pdf [pdf 18 KB] |