| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 134/04 |
| Hearing date | 11 Oct 2004 |
| Determination date | 13 October 2004 |
| Member | G J Wood |
| Representation | R Webby ; D Fleming, L Highfield, T Wilton |
| Location | Wellington |
| Parties | Heinz Wattie's Ltd v National Distribution Inc and Anor |
| Other Parties | Service and Food Workers Union Inc |
| Summary | PRACTICE AND PROCEDURE - Reasons for granting application for removal of employment relationship problem to Employment Court - Collective agreement provided for transfer of public holiday to 24 hour period that ran between times other than midnight to midnight - Labour Inspector indicated such agreements would not be lawful or enforceable under Holidays Act 2003 - Important question of law involving meaning of day" for purpose of public holiday - Many existing collective agreements with similar provisions - Upcoming public holidays meant matter urgent - Removal ordered" |
| Result | Application granted ; Matter removed to Employment Court ; Costs reserved |
| Statutes | ERA s178(2);Holidays Act 2003 s12;Holidays Act 2003 s44;Holidays Act 2003 s50 |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1 |
| Number of Pages | 4 |
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