| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 49A/09 |
| Determination date | 12 October 2009 |
| Member | P Montgomery |
| Representation | A Shakespeare ; P Shaw |
| Location | Christchurch |
| Parties | Macfarlane v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – DISPUTE – Interpretation of collective employment agreement (“CEA”) – Respondent argued applicable clause of CEA did not apply to applicant as not party to CEA at time negotiated – Clause provided parties could preserve existing entitlements – Applicant employed by respondent prior to resigning and taking up new position – Applicant claimed transferred between District Health Boards (“DHBs”) – Applicant argued assured sick leave entitlement would be transferred to new position – Note on start up form recorded agreement to recognise applicant’s service – Authority found clause protected leave accrued by employees bound by expired CEA – Found applicant not bound by expired CEA – Found start up note acknowledged agreement to honour applicant’s service within DHBs but did not agree to transfer accrued entitlements – Found no undertaking given to applicant to transfer accrued entitlements from previous employment – Found agreement to provide four weeks’ annual leave and recognise service – No unjustified disadvantage |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | Employment Contracts Act 1991;Labour Relations Act 1987 |
| Cases Cited | NZ Merchant Service Guild IUOW Inc v InterIsland Line, a division of Tranzrail Ltd [2003] ERNZ 510 |
| Number of Pages | 7 |
| PDF File Link: | ca 49a_09.pdf [pdf 37 KB] |