Gratuity ruled for pregnant receptionist

Press, 23 June 1978, Page 7

Gratuity ruled for pregnant receptionist

PA Wellington The Arbitration Court has decided that a pregnant Takapuna City Council receptionist was compelled to resign and was "heretore entitled to a gratuity according to her length of service. The court's decision was on a dispute referred to it by the chairman of a disputes committee that did not reach agreement. The receptionist completed 10 years service with the council early this : ear. She was covered ty an agreement that provided that an employee with at least 10 years service should be granted a retiring gratuity at the rate of one week for each year of continuous service, with a maximum of 26 weeks. Early this year the council resolved that ■pregnancy was not a > ompelling reason tor re•igning," but the court found that the receptionist y.as compelled by her

pregnancy to resign and that the' agreement gave no alternative. Neither did the council offer her an alternative. Chief Judge R D Jamieson noted in his decision that the agree ment did not define me word '‘retirement." He said: “Its interpretation could give rise to formidable difficulties. This Court alone can interpret awards and collective agreements and cannot pass such a task to anv other court. ‘Tt is hardened to cop in® with examples et prose which very nearly defy rational interpretation. They have, after all, been put together bv persons who believe tha' they understand them a’ the’ time but have little skill in draftsmanship. Tht present clause 12 (dealing with retirement) may be as bad an example of thiserf of thing as we have encountered," said Judge Jamieson.