| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 201 |
| Determination date | 22 May 2014 |
| Member | J Crichton |
| Representation | A McInally ; R Upton |
| Parties | New Zealand Amalgamated Engineering, Printing and Manufacturing Union v The New Zealand Automobile Assoc |
| Summary | DISPUTE - Parties disputed whether employees entitled to be paid when not rostered to work on public holiday and did not work - Employees previously worked on floating roster where all days treated as otherwise working days" - Shift to fixed roster for some employees - Whether collective employment agreement ("CEA") fixed code dealing with all circumstances pertaining to payment for public holidays" |
| Abstract | AUTHORITY FOUND -;DISPUTE: CEA made no provision for wage entitlement of employees with rostered day off falling on public holiday who did not work on public holiday. Applicant's interpretation of clause in CEA would require rewriting of clause to alter references to employee working. Provisions in Holidays Act 2003 applied in absence of entitlement in CEA. Respondent paid employees appropriately by applying provisions of Holidays Act 2003 to employees not rostered to work on public holiday and who did not in fact work. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | Air New Zealand Ltd v Barker [2002] 2 ERNZ 719;Electrical Union 2001 Inc v Mighty River Power Ltd [2013] NZEmpC 197;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 | 8 |
| PDF File Link: | 2014_NZERA_Auckland_201.pdf [pdf 168 KB] |