| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 60/06 |
| Hearing date | 12 Sep 2005 - 28 Feb 2006 (2 days) |
| Determination date | 03 March 2006 |
| Member | A Dumbleton |
| Representation | T Oldfield ; R Harrison |
| Location | Auckland |
| Parties | Service & Food Workers Union Nga Ringa Toa Inc v Spotless Services (NZ) Ltd |
| Summary | DISPUTE - Interpretation of collective employment agreement – Pay entitlements for work performed at weekends, on public holidays and sick leave taken under CEA in excess of Holidays Act 2003 entitlements – CEA provided for penal payment for weekend and night work – CEA also provided for penal rates for working on public holidays – Applicant correctly interpreted CEA to mean that where work was performed on, say a Sunday, that was also a public holiday, in addition to ordinary time, worker is to receive aggregation of penal payments for working on weekend day and public holiday (amounting to triple time) - CEA provided for accumulating of sick leave up to 260 days – Although clause of CEA provided for sick leave on ordinary pay, by operation of Holidays Act when its provisions came into force, that part of clause was modified to require payment at “relevant daily pay” rate as defined – Applicant contended that statutory modification applied to all sick leave up to 260 days whereas respondent contended it applied to statutory minimum of five days which may be taken or accumulated up to 20 days – Respondent correctly interpreted provision to mean relevant daily rate applied only up to five days taken in 12 months and untaken sick leave up to maximum of 20 days current entitlement in any year – If employee had accrued more that 20 days in any year, additional leave taken was to be paid at ordinary time |
| Result | First question answered in favour of applicant ; Second question answered in favour of respondent ; No order for costs |
| Statutes | Holidays Act 2003 s5;Holidays Act 2003 s63(2);Holidays Act 2003 s65(2);Holidays Act 2003 s66(1);Holidays Act 2003 s66(2) |
| Number of Pages | 5 |
| PDF File Link: | aa 60_06.pdf [pdf 28 KB] |