| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 13 |
| Determination date | 16 January 2014 |
| Member | T G Tetitaha |
| Representation | C McNamara ; A Lubbe |
| Parties | New Zealand Public Service Assoc v Chief Executive of Auckland Council |
| Summary | DIPSUTE – Parties disputed whether particular clause in collective employment agreement (“CEA”) applied to part time employees as well as full time employees – Whether part time employees who did not work Monday to Friday entitled to receive day off in lieu when normal day off fell on public holiday except ANZAC day and Waitangi day |
| Abstract | AUTHORITY FOUND –;DISPUTE: Particular clause in CEA referred to “employees” and did not specifically exclude part time employees. Part time employees covered by particular clause in CEA. Question answered in favour of applicant. |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;New Zealand Air Line Pilots’ Assoc Inc v Air New Zealand Ltd (2012) 10 NZELR 292;Secretary for Education v New Zealand Educational Institute Te Riu Roa [2002] 2 ERNZ 470;Silver Fern Farms Ltd v New Zealand Meat Workers and Related Trade Unions Inc [2010] ERNZ 317;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_13.pdf [pdf 154 KB] |