| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 35/05 |
| Hearing date | 11 Feb 2005 |
| Determination date | 02 March 2005 |
| Member | P R Stapp |
| Representation | P Cranney ; J Gibbs |
| Location | Wellington |
| Parties | New Zealand Tramways & Public Passenger Transport Authorities Employees Industrial Union of Workers v Wellington City Transport Ltd t/a Stagecoach New Zealand |
| Summary | DISPUTE – Rostering arrangements required shifts of 10 or more hours per day – What were the “normal number of hours of work” that employees who were party to agreement would “normally work” on a day taken as sick leave – Holidays Act 1981 and now Holidays Act 2003 applied – Dispute unaffected by estoppel argument – Respondent alleged normal hours were 8 hours – Problem was about normal hours employees normally work on day not about the “normal working day” under agreement – Calculation required of what hours employees would have worked on that day if had not taken sick leave – At least must have been paid for 8 hours but if had worked more on regular basis or would have been rostered to work more on day off on sick leave, would have been entitled to those hours as hours normally worked – The 8 hour period defined as “normal working day” under agreement set basic rate of pay after which overtime cut in but did not determine actual hours payable for special leave – Words of Act paramount – Parties to work out entitlements with leave to return to Authority |
| Result | Question answered in favour of applicant ; Orders accordingly ; Costs reserved |
| Statutes | Holidays Act 1981 s30A(4);Holidays Act 1980 s33;Holidays Act 2003 |
| Number of Pages | 3 |
| PDF File Link: | wa 35_05.pdf [pdf 17 KB] |