| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 180/07 |
| Hearing date | 12 Mar 2007 |
| Determination date | 18 June 2007 |
| Member | J Scott |
| Representation | C Hurren ; M Ryan |
| Location | Hamilton |
| Parties | Horn (Labour Inspector) v B W Murdoch Ltd |
| Summary | ARREARS OF HOLIDAY PAY - Applicant Labour Inspector sought public holiday pay on behalf of H – Respondent claimed not entitled to payment because casual employee not offered work on public holidays – Employment agreement stated employment casual - Usually worked regular days and hours - Four public holidays occurred over period of employment - Applicant’s evidence preferred, except evidence entitled to accept or reject work as saw fit - Employment consistent with that contemplated under s66 Employment Relations Act 2000 (ERA") – Although agreement did not conform to s66(4) ERA and respondent could not have relied on it as valid s66 agreement if dispute had arisen, it provided best description of employment – Not casual employment - Respondent entitled to dictate no work on public holidays but did not follow was relieved of paying applicant if public holiday fell on otherwise working day – Only Mondays applicant did not work were public holidays when directed not to – Respondent claimed rate of pay consistent with casual work and applicant accepted would not be paid for public holidays – Factors not relevant to determination of problem – Fact applicant continued working could not be taken as agreement in matter, and in any event, agreement excluding, restricting or reducing statutory entitlements had no effect – No question public holidays in question were otherwise working days – Respondent breached HA – Arrears of holiday pay due and owing - Interest 9 percent" |
| Result | Application granted ; Arrears of holiday pay ($826.20) ; Interest (9%) ; Costs reserved |
| Main Category | Arrears |
| Statutes | ERA s66;ERA s66(4);Holidays Act 2003 s3;Holidays Act 2003 s6;Holidays Act 2003 s6(3);Holidays Act 2003 s12;Holidays Act 2003 s12(3);Holidays Act 2003 s12(3)(i);Holidays Act 2003 s43;Holidays Act 2003 s46;Holidays Act 2003 s48;Holidays Act 2003 s49 |
| Cases Cited | Milne (Labour Inspector) v Elders Stock Ltd & Wrightson Ltd t/a Associated Auctioneers unreported, K Anderson, 25 August 2005, AA 324/05;New Zealand Fire Service Commission v New Zealand Professional Firefighters Union Court of Appeal [2007] 2 NZLR 356 |
| Number of Pages | 11 |
| PDF File Link: | aa 180_07.pdf [pdf 49 KB] |