| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 17/07 |
| Determination date | 24 January 2007 |
| Member | R Arthur |
| Representation | G Pollak ; R Upton |
| Location | Auckland |
| Parties | Fletcher v ATL Systems Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for removal to Employment Court – Applicant received base salary plus commission – Whether commission payments properly included in holiday pay calculated under Holidays Act 1981 and Holidays Act 2003 – Applicant claimed important question of law arose regarding meaning of “holiday pay” and “on pay” in legislation – Respondent opposed application - Whichever interpretation about inclusion of commission payments correct likely to be of wider interest – Issue may not appear contentious as gross earnings definition in legislation includes commission payments in holiday pay calculation – Findings of fact may be decisive on what was or was not included in payments - However, how this was done or not done were questions of law – Also, parties needed guidance on correct method of calculation as contentious between them – Authority satisfied answers to questions of interpretation will be decisive -Important questions of law likely to arise other than incidentally – No sufficient reason not to order removal – Removal ordered |
| Result | Application granted ; Matter removed to Court ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s143(e), ERA s178, ERA s178(2), ERA s178(2)(a), ERA s178(2)(d), Holidays Act 1981, Holidays Act 2003 |
| Cases Cited | Hanlon v International Educational Foundation (NZ) Inc [1995] 1 ERNZ 1;NZ Baking Trades Union v Foodtown Supermarkets Ltd [1992] 3 ERNZ 305;Phillips v Hauraki Marine Ltd unreported, M Urlich, 5 April 2006, AA 112/06 |
| Number of Pages | 4 |
| PDF File Link: | aa 17_07.pdf [pdf 63 KB] |