| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 19/05 |
| Determination date | 24 January 2005 |
| Member | A Dumbleton |
| Representation | M Dew ; G Pollak |
| Location | Auckland |
| Parties | Lumbercorp NZ Ltd v The NZ Engineering, Printing & Manufacturing Union Inc |
| Summary | DISPUTE - Respondent alleged employee should have received greater amount of pay when he took special leave - Section 30A Holidays Act 1981 provided employee entitled to be paid for normal number of hours that he normally worked on that day - Applicant paid for eight hours - Respondent contended employee entitled to paid for 9.6 hours being average of his daily hours - Authority did not agree with applicant because employee normally worked for longer than eight hours - However 9.6 hours was arithmetic average only and possible employee did not ever actually work 9.6 hours on any day - Applicant should have paid employee for hours of work employee worked on same day in previous weeks, assuming some pattern could be found - Alternative to resort to equity and good conscience and adopt average of 9.6 hours - Leave reserved for parties to ask for further directions |
| Result | Question answered in favour of respondent ; Costs to lie where they fall |
| Statutes | Holidays Act 1981 s7A;Holidays Act 1981 s25(1);Holidays Act 1981 s30A;Holidays Act 1981 s30A(4) |
| Cases Cited | Greenlea Premier Meats Ltd v Horn [2002] 1 ERNZ 380; [2003] 1 NZLR 761;Ports of Auckland Ltd v New Zealand Waterfront Workers Union Inc [1996] 2 ERNZ 25; [1996] 3 NZLR 268 |
| Number of Pages | 3 |
| PDF File Link: | aa 19_05.pdf [pdf 17 KB] |