Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 51/10
Determination date 19 March 2010
Member G J Wood
Representation K O'Sullivan ; A Walker
Location Wellington
Parties New Zealand Tramways and Public Passenger Transport Employees Union Inc. and Anor v Mana Coach Services Ltd
Other Parties Duffell
Summary DISPUTE – RECOVERY OF MONIES – Issue whether second applicant entitled to higher pay in individual employment agreement (“IEA”) than that in collective employment agreement (“CEA”) – Applicant accepted variation to IEA which increased hourly rate – Subsequently applicant joined first applicant and came under coverage of CEA between first applicant and respondent – Authority found employment arrangements between respondent and its employees operated between union and non-union members for each type to exclude the other – Found structure of employment arrangements meant employee covered by standard form IEA could not at same time be covered by CEA – Found when applicant became union member IEA became null and void – Found under terms of CEA applicant had been properly paid
Result Application dismissed ; Costs reserved
Main Category Dispute
Number of Pages 5
PDF File Link: wa 51_10.pdf [pdf 23 KB]