| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 485/10 |
| Hearing date | 28 Oct 2010 |
| Determination date | 17 November 2010 |
| Member | A Dumbleton |
| Representation | C Abaffy ; E Coats |
| Location | Auckland |
| Parties | Murray v Fullers Bay of Islands Ltd |
| Summary | DISPUTE – Interpretation of collective employment agreement (“CEA”) – Length of service over 30 years – Applicant employed to work as and when required when fulltime skipper temporarily unavailable – CEA did not define casual employment – Applicant claimed work performed provided for by CEA under Seasonal Employees – Respondent claimed applicant casual employee and had no entitlement to work any particular hours – Respondent claimed seasonal employee used to describe employees employed full or part time to cover high season – Applicant claimed contractual relationship requiring equitable sharing and preference for hours subsisted – Authority found respondent’s business seasonal – Found CEA provided for seasonal casual employees – Found seasonal employees could be employed on casual basis – Found seasonal casual employees could only be employed during high season according to CEA – Found seasonal employees employed to cover permanent employee during respondent’s high season – Found applicant employed during high season and therefore seasonal employee – Found applicant had ongoing expectation of equitable sharing and preference regarding further seasonal work – Parties to resolve matters themselves – Found parties to employment agreement required to be responsive and communicative – Found applicant could have done more to communicate to respondent continuing availability for casual work – Found if applicant dismissed remedies few because of relatively few days applicant worked each year – Found respondent attempted to address applicant’s feeling that treated badly – Parties to confer with view to reaching resolution – Launch Master/Skipper |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s103(3);Holidays Act 2003 |
| Number of Pages | 8 |
| PDF File Link: | aa 485_10.pdf [pdf 27 KB] |