| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 324/05 |
| Determination date | 25 August 2005 |
| Member | K J Anderson |
| Representation | D Milne ; C Rowlandson |
| Location | Auckland |
| Parties | Milne (Labour Inspector) v Elders Stock Ltd & Wrightson Ltd t/a Associated Auctioneers |
| Summary | ARREARS OF HOLIDAY PAY – Applicant sought to recover two days pay for Christmas Day and New Year’s Day – Employed on casual basis – Stock sales pre-set for each year – Sales usually took place on a Thursday, but if that was a public holiday, would be on another day – Statutory days in question fell on Thursdays – Applicant alleged would usually have worked those days and because those days were not reassigned to alternative dates he had been deprived two day’s pay – Whether otherwise working days – Applicant worked on the majority of Thursdays (79 percent) – However, unique factor applied to applicant’s employment since stock sales pre-set one year in advance – Pattern that stock sales not held from approximately 20 December to early January – Effect of that break in sales calendar was that regardless of which day Christmas Day or New Year’s Day fell in any particular year, there was never any intention to have stock sales then – Not otherwise working days – Application dismissed |
| Result | Application dismissed ; No order for costs |
| Statutes | Holidays Act 1981 s7A;Holidays Act 2003 |
| Number of Pages | 3 |
| PDF File Link: | aa 324_05.pdf [pdf 16 KB] |