| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 104/09 |
| Hearing date | 10 Mar 2009 |
| Determination date | 07 August 2009 |
| Member | G J Wood |
| Representation | P Cranney ; T McKinnon |
| Location | Wellington |
| Parties | The New Zealand Educational Institute Te Riu Roa & Ors v Secretary for Education |
| Other Parties | Persons listed in Schedule A |
| Summary | DISPUTE – Applicants sought payment of bonuses on same basis as paid to non-union members – Applicants argued payment of lower bonuses conferred preference on non-union members – Respondent claimed applicants covered by collective agreement that made no provision for lump sum payments – Non-union employees employed under individual employment agreements – Individual employment agreement provided for fixed remuneration and lump sum payments – Union-members employed under collective agreement – Collective agreement provided for different remuneration formula – Authority found applicants paid less in discretionary payments than equivalent non-union members – Found applicants had no enforceable right to bonus – Found reason for different payment arose because of different remuneration systems – Found no unlawful preference |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | New Zealand Meat Workers & Related Trades Union v Taylor Preston Ltd unreported, Shaw J, 22 April 2009, WC8/09 |
| Number of Pages | 10 |
| PDF File Link: | wa 104_09.pdf [pdf 33 KB] |