| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 17/06 |
| Determination date | 31 January 2006 |
| Member | R A Monaghan |
| Representation | G Pollak ; D Mackinnon |
| Location | Auckland |
| Parties | New Zealand Engineering Printing and Manufacturers Union v ACI New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal to Employment Court - Respondent applied to remove matter to Court and applicant agreed removal appropriate - Areas of dispute were special leave and accrued alternative holidays - Special leave issue - Under collective agreement (negotiated while Holidays Act 1981 in force) certain employees were provided with four days' sick leave per annum and further two days' domestic leave for 12 hours per day - Holidays Act 2003 provided for five days' special leave per annum inclusive of domestic leave - Respondent now provided certain employees with five days' sick leave and one additional day for domestic leave - Applicant alleged respondent must provide two days of domestic leave under collective agreement - Accrued alternative holiday issue - Some employees had large numbers of accrued alternative holidays where more than 12 months had passed since entitlement arose - Respondent alleged it had advice from Department of Labour that if employee wished to take alternative holiday on basis of public holiday worked within last 12 months, it was reasonable for employer to require oldest accrued day be used first - Applicant had view that employees could insist on taking leave accrued in current year even if employer wished them to use up leave accrued more than 12 months ago - Authority accepted important questions of law arose other than incidentally, that it was in public interest that case be removed to Court, and that in all of the circumstances Court should determine it - Matter removed to Court |
| Result | Application granted ; Matter removed to Court ; Costs reserved |
| Statutes | ERA s178;Holidays Act s57;Holidays Act s57(2);Holidays Act s57(2)(b);Holidays Act s58;Holidays Act 2003 s90 |
| Number of Pages | 3 |
| PDF File Link: | aa 17_06.pdf [pdf 17 KB] |