NSW Nurses Association v North Coast Area Health Service [2008] NSWIRComm 1072

Industrial Relations Commission of New South Wales

CITATION: NSW Nurses Association v North Coast Area Health Service [2008] NSWIRComm 1072

APPLICANT: PARTIES: New South Wales Nurses' Association RESPONDENT: North Coast Area Health Service

FILE NUMBER(S): 111; 507 of 2008

CORAM: Ritchie C

Section 130 Dispute notification by Union re failure to pay correct rate of pay. Employee employeed on two conescutive fixed term contracts,the first commencing on 19 February 2007 and the second ceasing on 10 February 2008. During second contract notifies employer that she is pregnant. Employee applies for paid maternity leave to commence on 21 January 2008. She sought payment of full benefit of 14 weeks but was only paid 3 weeks. Applicant submitted that as the employee is an eligible employee she must receive full benefit. Respondent argued that not required to pay benefit beyond 10 February 2008. Applicant argued that the plain ordinary meaning of the words in the maternity leave made no qualification concerning part payment. CATCHWORDS: Respondent argued that for leave to be paid there must exist a contract on foot. No contract existed beyond 10 February 2008. Commission found in favour of the applicant. Nothing in the clause supported the respondent's argument. Plain meaning of eligible employee noted who and who was not eligible. Employee in question was entitled to the full payment. Order made to that effect.