| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 22/10 |
| Hearing date | 15 Jan 2010 |
| Determination date | 09 February 2010 |
| Member | D Asher |
| Representation | K O'Sullivan ; A Caisley |
| Location | Wellington |
| Parties | NZ Tramways & Public Passenger Transport Employees Union (Inc) Wellington & Anor v Wellington City Transport Ltd |
| Other Parties | Walker |
| Summary | DISPUTE – Whether retirement gratuity term and condition of employment – Second applicant recently retired – Applicants sought payment of retirement gratuity – Respondent argued gratuity not part of terms and conditions of employment – Second applicant’s employment transferred to respondent which now operates Wellington City Council’s (“Council”) former public transport service – Applicant argued retained terms and conditions of employment from time employed by Council and entitled to retirement gratuity – At time of retirement applicant’s terms and conditions of employment set out in collective employment agreement (“CEA”) – CEA contained main document and another provision (“Award”) – Award did not refer to any retirement gratuity and did not incorporate any other document – Applicants argued terms and conditions of employment set out in CEA, which incorporated Award and also covered by Council regulations and agreement – Council regulations and agreement set out schedules of retiring payments for long serving employees – Two former employees paid retirement gratuity – Authority found second applicant never member of Local Government Offices Union and therefore not subject to Council agreement – Found no reference in Award to retirement gratuity – Found Award failed to invoke Council regulations or agreement – Found applicant not entitled to retirement gratuity – Bus driver |
| Result | Application dismissed ; Costs reserved |
| Main Category | Dispute |
| Number of Pages | 7 |
| PDF File Link: | wa 22_10.pdf [pdf 20 KB] |