| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 176 |
| Hearing date | 19 Oct 2011 |
| Determination date | 15 November 2011 |
| Member | J Crichton |
| Representation | R Anderson ; K Smith |
| Location | Omaru |
| Parties | Engineering Printing & Manufacturing Union Inc v Alliance Group Ltd |
| Summary | DISPUTE – Interpretation of collective employment agreement (CEA) – Parties disputed appropriate payment for applicant members who were either sent home or not called into work because of significant flood which resulted in respondent closing plant – Applicant claimed respondent had to pay workers for hours they were rostered to work but could not work due to respondent’s decision to close plant – Applicant claimed employees entitled to receive overtime hours as if they had worked ordinary span of hours – Respondent claimed relief sought by respondent not as broadly founded as applicant claimed as employees already paid minimum of 40 hours per week – Respondent claimed CEA entitled workers to receive minimum of 40 hours pay not 40 hours work – Authority satisfied respondent had authority to close plant due to flood – Found respondent already paid all affected employees minimum of 40 hours – Found real question whether respondent entitled to convert overtime hours into equivalent ordinary hours – Found reliance on 40 hours pay rather than 40 hours work was unnatural and out of keeping with balance of CEA – Found no contractual basis for respondent to make deductions – Found respondent’s interpretation of CEA mistaken and owed payments to members of applicant who were affected by flood |
| Result | Question answered in favour of applicant ; Costs to lie where they fall |
| Main Category | Dispute |
| Statutes | Health and Safety in Employment Act 1992 |
| Number of Pages | 8 |
| PDF File Link: | 2011_NZERA_Christchurch_176.pdf [pdf 39 KB] |