| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 139/03 |
| Hearing date | 18 Sep 2003 |
| Determination date | 26 September 2003 |
| Member | P R Stapp |
| Representation | T Wilton ; J Gibbs |
| Location | Wellington |
| Parties | Wharepapa and 25 Ors v Exide Technologies Ltd |
| Other Parties | Gilbert, Pepa, Tuisea, Aukino, Katu, Lea'ana, Taurerewa, Toni, Tipene, Kearney, Malolo, Matakovi, Metekaa, Fraser, Inthavong, Phoukhong, Taua, Tuipea, Vaofusi, Williams, Hina, Vosser, Aurupa, Phounsavath, Venvongsoth |
| Summary | DISPUTE - Whether applicants could be required to take annual leave during second shutdown in one year - Insufficient annual leave owing - Refused to take leave in advance - Application of ss18, 12(2) and 19 Holidays Act 1981 - No restriction on number of shutdowns in one year - Requirement to take annual leave restricted to one shutdown per year - Could not be required to take annual leave in advance for second time in one year - Entitled to be paid if available to work during second shutdown |
| Result | Questions answered in favour of applicants ; Costs reserved |
| Statutes | Holidays Act 1981 s11;Holidays Act 1981 s12;Holidays Act 1981 s12(1);Holidays Act 1981 s12(2);Holidays Act 1981 s12(4);Holidays Act 1981 s13;Holidays Act 1981 s14;Holidays Act 1981 s15;Holidays Act 1981 s16;Holidays Act 1981 s17;Holidays Act 1981 s17(1);Holidays Act 1981 s18;Holidays Act 1981 s18(5);Holidays Act 1981 s19;Holidays Act 1981 s20;Holidays Act 1981 s21;Holidays Act 1981 s22;Holidays Act 1981 s23 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |