| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 86 |
| Determination date | 16 March 2016 |
| Member | Anna Fitzgibbon |
| Representation | L Yukich ; R Towner, D France |
| Location | Auckland |
| Parties | McPherson v Carter Holt Harvey Ltd and Anor |
| Other Parties | Carter Holt Harvey Pulp and Paper Ltd (now OJI Fibre Solutions (New Zealand) Ltd |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought arrears of holiday pay |
| Abstract | AUTHORITY FOUND -;ARREARS OF HOLIDAY PAY: First respondent correctly calculated applicant’s annual leave and alternative holidays entitlement upon termination of employment. Applicant’s earnings from first respondent not included in gross earnings calculation of second respondent. Purpose of letter of offer ensured applicant’s service with first respondent included in calculation of service-related benefits. No arrears of holiday pay. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s174;Holidays Act 2003 s8(1)(a);Holidays Act 2003 s8(3);Holidays Act 2003 s14;Holidays Act 2003 s16;Holidays Act 2003 s24 |
| Cases Cited | McPherson and Anor v Carter Holt Harvey and Anor [2015] NZERA Auckland 227;Pulp and Paper Industry Council of the Manufacturing and Construction Workers Union v Carter Holt Harvey Pulp and Paper Ltd [2015] NZERA Auckland 189 |
| Number of Pages | 9 |
| PDF File Link: | 2016_NZERA_Auckland_86.pdf [pdf 236 KB] |