| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 114/09 |
| Hearing date | 17 Apr 2009 |
| Determination date | 24 July 2009 |
| Member | P Montgomery |
| Representation | T Wilton ; J Rooney |
| Location | Invercargill |
| Parties | New Zealand Amalgamated Engineering Printing and Manufacturing Union and Anor v Fonterra Cooperative Group Ltd |
| Other Parties | Gibson-Smith |
| Summary | DISPUTE – Interpretation of collective employment agreement (“CEA”) – CEA provided for qualification payment – Whether applicant entitled to qualification payment where qualification not relevant to work performed – Applicant argued respondent did not use discretion properly or in good faith – Authority found respondent entitled to determine qualification not relevant to role – Qualification not essential to role – No evidence by reason of qualification applicant performed duties more effectively than others in role - Found no evidence to sustain allegation discretion not exercised properly or in good faith – Matter taken seriously by managers – Qualification payment not payable - Maintenance fitter |
| Result | Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 6 |
| PDF File Link: | ca 114_09.pdf [pdf 34 KB] |