| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 283/07 |
| Hearing date | 20 Aug 2007 |
| Determination date | 12 September 2007 |
| Member | J Scott |
| Representation | L Yukich ; R McIlraith |
| Location | Tauranga |
| Parties | Shakes & Anor v Norske Skog Tasman Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicants union delegates at respondent – Respondent approved paid union leave under collective employment agreement (CEA") for applicants to attend investigation meeting of employee from different union – Subsequently asked to submit annual leave request – Applicants elected to take annual leave and alternative holiday - Claimed disadvantaged because required to take leave other than paid union leave - Sought to have leave days reinstated and compensation – Under CEA delegates entitled to take paid union leave to attend to their union’s “business” - Investigation meeting involved business of different union – Not entitled to paid union leave under CEA - Rejected submission, in absence of explicit CEA provision allowing reasonable paid leave to take part in dispute resolution processes, was implied obligation to allow applicants reasonable paid leave to attend investigation meeting – Respondent adopted reasonable approach by discussing situation and advising appropriate to take leave from applicants’ accumulated leave – Actions fair and reasonable - Also sought declaration respondent breached Holidays Act 2003 and s4 Employment Relations Act 2000 good faith obligations – Under s76 Holidays Act only Labour Inspectors could bring action to recover penalty - No jurisdiction to address applicants’ claim for breach of Holidays Act or direct reinstatement of leave days – No breach of s4 ERA good faith obligations - No unjustified disadvantage – Control system technicians" |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s103A;ERA s103(1)(b);ERA s161;ERA s161(m);Holidays Act 2003 s76 |
| Number of Pages | 11 |
| PDF File Link: | aa 283_07.pdf [pdf 43 KB] |