| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 75 |
| Hearing date | 19 Feb 2013 |
| Determination date | 01 May 2013 |
| Member | M B Loftus |
| Representation | G Lloyd ; P Jagose |
| Location | Invercargill |
| Parties | Weller and Ors v New Zealand Aluminium Smelters Ltd |
| Summary | DISPUTE – Parties disputed number of hours constituting day for purposes of calculating leave entitlements – Shift workers – Payment for statutory holidays – Applicants remained on old employment agreements following introduction of Holidays Act 2003 – Shifts increased from 8 hours to 12 hours – Whether value of ‘day’s leave’ affected by increased shift length |
| Abstract | AUTHORITY FOUND –;DISPUTE: Value of ‘day’s leave’ not limited to 8 hours by employment agreements. Applicants entitled to 12 hours pay for day granted in lieu of public holiday. Question answered in favour of applicants. Leave reserved for parties to return to Authority to determine quantum. |
| Result | Question answered in favour of applicants ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003;Holidays Act 2003 s9 |
| Number of Pages | 5 |
| PDF File Link: | 2013_NZERA_Christchurch_75.pdf [pdf 144 KB] |