| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 208/10 |
| Hearing date | 4 Feb 2010 |
| Determination date | 04 May 2010 |
| Member | K J Anderson |
| Representation | P Blair ; N Jones |
| Location | Rotorua |
| Parties | The Postal Workers Union of Aotearoa & Anor v New Zealand Post Ltd |
| Other Parties | Behan-Kitto |
| Summary | DISPUTE – Interpretation of Collective Employment Agreement (“CEA”) – First applicant delegated another person to attend mediation because union delegate ill and unable to fully participate in mediation – However, delegate subsequently attended attend – Respondent declined request for unelected special purpose delegate to attend mediation because respondent did not pay employees to attend mediation – Employee attended mediation but not paid – First applicant claimed employee entitled to payment – Authority found delegates must be elected – Found respondent not required to provide payment to employee because not elected delegate – Found CEA did not exclude elected delegate from being paid to attend mediation but did not provide absolute right to payment – Found respondent entitled to take into account circumstances and matters such as whether employee had other competent representative and whether union delegate could provide value to mediation process – Found future benefits to delegate and company from training and education perspective may warrant payment to attend mediation – Found respondent allowed discretion to determine reasonable time off |
| Result | Questions answered ; No order for costs |
| Main Category | Dispute |
| Number of Pages | 6 |
| PDF File Link: | aa 208_10.pdf [pdf 26 KB] |