| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 36/03 |
| Hearing date | 18 Feb 2003 |
| Determination date | 02 April 2003 |
| Member | H Doyle |
| Representation | M Hargreaves ; K Thompson |
| Location | Christchurch |
| Parties | Ewart (Labour Inspector) v Mount Cook Airline Ltd |
| Summary | ARREARS OF WAGES - Alleged non-payment of 3 days special leave - Whether casual or part-time permanent employee - Whether entitled to special leave if casual employee - Numerous factors favoured casual employee status - Able to reject rostered shift - Hours irregular - Able to undertake leave without respondent's permission - Applicant was casual employee - Section 30A Holidays Act 1981 required continuous 6 months' work to qualify for special leave - Casual employment did not qualify as continuous - Not entitled to special leave days - Arrears claim not established |
| Result | Application dismissed ; Costs reserved |
| Statutes | Holidays Act 1981 s30A |
| Cases Cited | Barnes (formerly Kissell) v Whangarei Returned Services Association (Inc) [1997] ERNZ 626;Coutts Cars Ltd v Baguley [2001] ERNZ 660;Drake Personnel (NZ) Ltd v Taylor [1996] 1 ERNZ 324 |
| Number of Pages | 8 |
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