| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 132/05 |
| Determination date | 29 September 2005 |
| Member | P Montgomery |
| Representation | P Costello ; J Watson |
| Location | Christchurch |
| Parties | Amalgamated Workers Union (Southern) Inc v Works Infrastructure Ltd |
| Summary | DISPUTE - Interpretation of collective employment agreement - Correct payment for employee who did not work on statutory holiday and how overtime provisions applied - Applicant alleged eight hours on statutory holiday formed part of ordinary hours of work - Therefore total hours for particular employee were 46 hours in one week and six hours should be paid at overtime rates - Clear that overtime defined as work authorised and performed - Employee did not perform work on that day - Not entitled to be paid on balance of 40 hours at any rate other than ordinary time rate - All authorised leave including statutory leave was to be calculated as part of ordinary hours of work in calculation of overtime |
| Result | Application dismissed ; Question answered in favour of respondent ; Costs reserved |
| Statutes | Holidays Act 2003 s9 |
| Cases Cited | ASTE Te Hau Takitini O Aotearoa Inc v Hampton, Chief Executive of the Bay of Plenty Polytechnic [2002] 1 ERNZ 491;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: | ca 132_05.pdf [pdf 18 KB] |