Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 79/09
Hearing date 29 Oct 2008
Determination date 11 June 2009
Member P Montgomery
Representation P Cranney, F Fitzsimons ; P White
Location Christchurch
Parties New Zealand Public Service Association Inc v Asure Quality Ltd
Summary DISPUTE – What constituted “meal break” under Hours of Work Agreement (“HOW”) – Employees’ received allowance if worked continuously for five hours without meal break - HOW provided for 30 minute “smoko” during night shifts – Current practice to provide two 30 minute breaks for meals and two 10 minute “rest breaks” – Authority found current practice and collective employment guidelines showed 30 minute breaks constituted “meal breaks” under HOW – Found “smoko” misleading because natural and ordinary meaning implied “stoppage for rest” – Found employees, not required to work more than 5 hours under collective employment agreement and entitled to break allowances set out in HOW when 5 hour threshold exceeded – Question answered in favour of respondent
Result Question answered in favour of respondent ; Costs reserved
Main Category Dispute
Number of Pages 4
PDF File Link: ca 79_09.pdf [pdf 27 KB]