| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 7 |
| Hearing date | 13 Dec 2010 |
| Determination date | 11 January 2011 |
| Member | D King |
| Representation | A McInally ; R Harrison |
| Location | Auckland |
| Parties | New Zealand Amalgamated Engineering Printing & Manufacturing Union Inc v Amcor Packaging (New Zealand) Ltd |
| Summary | DISPUTE – Interpretation of collective employment agreement – Applicant claimed authorised absences added to hours actually worked whilst unauthorised absences deducted from 40 hour week rather than from hours actually worked – Applicant claimed actual hours excluded unauthorised absences for calculating overtime – Applicant claimed authorised absences not deemed default but unauthorised absences to be deemed default – Respondent claimed authorised absences not to be deducted from calculation of overtime hour but did not count towards actual hours – Respondent claimed unauthorised absences to be deducted from overtime hours – Respondent claimed actual hours worked meant employee must physically work hours, not be on approved leave – Authority found actual meant in existence in reality or fact – Found hours not physically worked could not be deemed actual hours – Found authorised absences not actual hours worked – Found unauthorised absences did not count as actual hours worked – Found neither authorised nor unauthorised absences to be taken into account calculating overtime hours – Found authorised absences formed no default – Found unauthorised absences deemed default – Found unauthorised absences to be deducted from hours actually worked |
| Result | Questions answered ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Godfrey Hurst v National Distribution Union unreported, Colgan J, 27 Oct 2004, AC 62/04;NZ Tramways and Public Transport Employees Inc and National Distribution Union v Transportation Auckland Corporation Ltd and Cityline (NZ) Ltd [2006] ERNZ 1005 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_7.pdf [pdf 63 KB] |