| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 189 |
| Hearing date | 24 Jun 2015 |
| Determination date | 25 June 2015 |
| Member | V Campbell |
| Representation | T Oldfield ; D France, R Towner |
| Location | Auckland |
| Parties | The Pulp and Paper Industry Council of the Manufacturing and Construction Workers Union v Carter Holt Harvey Pulp and Paper Ltd and Anor |
| Other Parties | Carter Holt Harvey Ltd |
| Summary | DISPUTE – Parties disputed interpretation of collective employment agreement (“CEA”) concerning whether holiday pay to be paid based on average weekly shifts worked – Whether respondent required to increase annual holidays to include public holidays within transfer period - Pulp workers |
| Abstract | AUTHORITY FOUND –;DISPUTE: CEA stated subject to Holidays Act 2003. Employees of respondent paid by salary, not by shifts worked. Pay same every week irrelevant of how many shifts worked. Workers not being paid less than would have earned if had taken leave. Respondent required to increase annual holidays to include public holidays within transfer period but Authority not asked to determine whether holiday pay calculated correctly. Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s5;Holidays Act 2003 s8(1)(a);Holidays Act 2003 s8(3);Holidays Act 2003 s9(2);Holidays Act 2003 s17;Holidays Act 2003 s24;Holidays Act 2003 s40 |
| Number of Pages | 8 |
| PDF File Link: | 2015_NZERA_Auckland_189.pdf [pdf 151 KB] |