| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 1/04 |
| Hearing date | 20 May 2003 - 23 Oct 2003 (2 days) |
| Determination date | 13 January 2004 |
| Member | G J Wood |
| Representation | G Clarke ; G Davenport |
| Location | Wellington |
| Parties | O'Donnell and Ors v New Zealand Post Primary Teachers Association |
| Other Parties | Lamberton, Elliott |
| Summary | DISPUTE - Applicants claimed payment for statutory and deemed holidays provided for in collective agreement - Whether entitled to statutory holidays which fell on days not otherwise working days - Applicants paid for statutory holidays after issue first raised - Present dispute after change of personnel - Applicants entitled to holidays on dates claimed pursuant to collective agreement - Appropriate daily pay rate of zero for holidays on which worker did not ordinarily work - Not entitled to payment by way of custom and practice - No previous settlement of dispute that would have assisted applicant's present claim - Part-time secretarial workers |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Auckland Harbour Board v NZ Harbours IUOW [1988] NZILR 702;NZ Merchant Service Guild IUOW v NZ Rail Ltd [1991] 2 ERNZ 587 |
| Number of Pages | 5 |
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