| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 124/05 |
| Hearing date | 25 Aug 2005 |
| Determination date | 23 September 2005 |
| Member | P Cheyne |
| Representation | M Aarts (in person) ; R Cunliffe |
| Location | Christchurch |
| Parties | Aarts v Red Bus Ltd |
| Summary | DISPUTE - Whether part-time or full-time worker - Applicant alleged was full-time - Held was employed as part time worker - Applicant unhappy with number of unpaid breaks during day - Clause in agreement restricted time drivers could be booked off duty for full time drivers only - Did not apply to applicant - No breach of clause - Applicant's hours of work not inconsistent with definition of part-time employee in agreement - Also alleged respondent did not comply with Holidays Act 2003 in respect of requested alternative holidays - Applicant sought to take alternative holidays but were declined - On one requested day, applicant simply failed to report for work - Difficult to see how applicant could properly take into account respondent's view unless was some communication - Applicant entitled to alternative holiday only after taking into account respondent's views - Was no real communication between parties about those views - Incumbent on both parties to ensure adequate communication - Driver |
| Result | Application dismissed ; Costs reserved |
| Statutes | Holidays Act 2003 s57(1);Holidays Act 2003 s57(2);Holidays Act 2003 s57(3);Holidays Act 2003 s73(1) |
| Number of Pages | 3 |
| PDF File Link: | ca 124_05.pdf [pdf 22 KB] |