| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 182/05 |
| Determination date | 29 November 2005 |
| Member | P R Stapp |
| Representation | S Mitchell ; T Waddel |
| Location | Wellington |
| Parties | Meat and Related Trades Workers Union of Aotearoa Inc v Bernard Matthews NZ Ltd |
| Summary | DISPUTE - Dispute regarding interpretation of leave provisions in parties' collective employment agreement - Collective agreement provided that continuous service" included service by any seasonal employee who had worked entire season - Employees who worked shifts for full employment year entitled to four weeks' annual leave upon completion of one year's continuous service with respondent - Seasonal employees who were entitled to four weeks annual leave and who did not work full calendar year were to be paid eight percent of gross taxable earnings - Applicant alleged that at end of 12 months seasonal employees working shifts entitled to eight percent leave accrual - Respondent alleged eight percent accrued in employee's second year - Authority agreed with applicant's submission that entitlement flows from completion of one year's continuous service - Shift worker entitled to four weeks' annual leave after first full season of work and payment was at eight percent for seasonal employees who had not worked a full year at time they had become entitled - Seasonal workers employed to work as shift workers treated same as employees who worked shifts" |
| Result | Question answered in favour of applicant ; Costs reserved |
| Statutes | Holidays Act 2003 s16(1) |
| Number of Pages | 3 |
| PDF File Link: | wa 182_05.pdf [pdf 18 KB] |