| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 329/10 |
| Hearing date | 16 Dec 2008 |
| Determination date | 21 July 2010 |
| Member | R A Monaghan |
| Representation | P Cranney ; A Russell, A Drake, A Enright |
| Location | Auckland |
| Parties | New Zealand Public Service Association Inc v Waitemata District Health Board and Ors |
| Other Parties | Auckland District Health Board, Counties Manukau Health Board |
| Summary | DISPUTE – Whether meaning of “duty” in collective employment agreement (“CEA”) included overtime hours – Applicant sought declaration provisions in CEA meant employees who worked for 10 hours entitled to overtime during next shift unless employee had break of 12 hours between shifts and payment continued until break for 9 hours provided – Nurses employed at first respondent rostered to work 8 hours and 35 minutes – Nurses previously received overtime wage rates until their required break was taken when they worked more than 10 continuous hours – Overtime payments subsequently ceased because first respondent believed payments were made in error – CEA provided “duty” meant “continuous period of work required to be given by an employee” - First respondent argued “duty” expressly excludes on-call and call-back hours as period of work not “required to be given” by employee – Argued only rostered hours “required to be given” by employee – Authority found “required” meant reference to directive of employer usually in form of hours of duty for which employee rostered – Found reference to starting and finishing time in CEA meant times identified in roster – Found on-call and call-back duties excluded from definition – Found even if “duty” included “extension of duty” by overtime, it in itself could not be inclusive of overtime – Found similarly, if duty included overtime worked as “separate duty”, it also could not be inclusive of overtime – Found “duty” meant rostered duty exclusive of overtime – Question answered in favour of respondents – Declaration declined |
| Result | Question answered in favour of respondents ; Declaration declined ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s129(2) |
| Number of Pages | 9 |
| PDF File Link: | aa 329_10.pdf [pdf 31 KB] |