Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No [2013] NZERA Christchurch 76
Hearing date 14 Feb 2013
Determination date 02 May 2013
Member M B Loftus
Representation S Thomas ; P Kiely, M King
Location Nelson
Parties Jukes v Sealord Group Ltd
Summary DISPUTE - Parties disputed whether applicant paid appropriately after statutory increase in minimum leave - Whether annual leave could be included within scheduled stays ashore – Date on which catch bonus paid varied - Whether annual leave required to be paid before commencement of time off - Crew member
Abstract AUTHORITY FOUND;DISPUTE: Applicant’s time off greater than required by law. Annual leave could be included in rostered time off. Agreement nullified requirement annual leave required to be paid before commencement of time off. Questions answered in favour of respondent.
Result Questions answered in favour of respondent; Costs reserved
Main Category Dispute
Statutes Holidays Act 2003 – Holidays Act 2003 - Holidays Act 2003 s27 - Holidays Act 2003 s27(1)(a)
Cases Cited New Zealand Fire Service Commission v New Zealand Professional Firefighters Union [2006] ERNZ 1109; [2007] 2 NZLR 356
Number of Pages 5
PDF File Link: 2013_NZERA_Christchurch_76.pdf [pdf 148 KB]