| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 177/09 |
| Hearing date | 7 Jul 2009 |
| Determination date | 04 November 2009 |
| Member | P R Stapp |
| Representation | P Cranney ; B Banks |
| Location | Wellington |
| Parties | Association of Staff in Tertiary Education and Anor v The Chief Executive of the Open Polytechnic of New Zealand |
| Other Parties | Halsey |
| Summary | DISPUTE – PRACTICE AND PROCEDURE – Interpretation of collective employment agreement (“CEA”) – Whether employees covered by CEA who currently work 36 hours should be working 34 hours if no written consent given – Applicant argued CEA extinguished previously agreed terms and conditions about hours unless subsequently agreed in writing and signed by employees and respondent – Authority found when employees became bound by CEA any individual terms and conditions previously agreed cease until written consent – Found new employees worked 36 hours per week under offer of employment – Found consent required to work more than 34 hours per week when individual terms and conditions under offer of employment ceased to apply – Found agreement to work 36 hours per week made prior to employee becoming bound by CEA is individual term and condition of employment |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61;ERA s61(1);ERA s62;ERA s163;ERA s221 |
| Number of Pages | 10 |
| PDF File Link: | wa 177_09.pdf [pdf 33 KB] |