| Summary |
DISPUTE - Interpretation of collective employment agreement (CEA") - Domestic leave provisions in CEA amended to comply with changes to Holidays Act 2003 - Parties disagreed about whether amendments represented substantive change by way of negotiation - Applicant Union submitted members could use up to five days unused sick leave in any year for "domestic leave" purposes - Respondent argued sick leave allocated in two ways, sick leave under Holidays Act, paid at relevant daily pay, and additional sick leave allocated under contract provisions paid at ordinary pay - Contended domestic leave available from Holidays Act entitlement only - Plain meaning of words could settle matter - Employee with unused sick leave could use entitlement in event of sickness of spouse, or person who depended on them for care, up to level of minimum sick leave entitlement under Holidays Act - Respondent provided sick leave in terms of relevant daily pay and ordinary pay, and where both available entitlement could be used from combined pool available to employee for "domestic leave" purposes - Applicant employee had previously used two days of statutory sick leave - Issue whether could take another three days leave, which would take her to permissible five days - Otherwise would have to take leave without pay, even though had contractual sick leave available - Employee could draw up to five days leave if had it, including from pool paid at ordinary pay, if entitlement under Holidays Act and paid at relevant daily pay used" |