| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 292/07 |
| Hearing date | 21 Aug 2007 |
| Determination date | 21 September 2007 |
| Member | J Wilson |
| Representation | J Murdoch ; R Steel |
| Location | Auckland |
| Parties | Porter v Johnson Diversey New Zealand Ltd |
| Summary | DISPUTE - Interpretation of individual employment agreements (IEAs") - Applicant brought representative claim on behalf of other employees - Claimed entitled under IEA to additional five days leave over and above minimum statutory entitlement of four weeks - At time of drafting, applicant's IEA clear and unambiguous - Provided would receive three weeks annual holidays, and after five years additional week - IEA made no reference to Holidays Act 2003 - Was entirely new piece of legislation and not amendment to Holidays Act 1981 - Reasonable to assume when parties entered IEAs, either 2003 Act not yet enacted or parties had not intended it would materially alter terms of agreement - Holidays Act 2003 did not amend IEA, simply increased minimum statutory entitlement - Parties to date had not renegotiated IEA so IEA set out currently agreed terms of settlement - Plain meaning of words of IEA established entitlement at either three or four weeks depending on length of service - When tested against minimum statutory entitlement, all employees entitled to minimum four weeks - Employees with five years service, and by way of IEA entitled to four weeks, met minimum standards established by Holidays Act 2003 - Not entitled to fifth week - Applicant's request for order respondent credit her with additional five days leave declined" |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 1981;Holidays Act 2003 s6;Holidays Act 2003 s6(1);Holidays Act 2003 s6(2);Holidays Act 2003 s6(3);Holidays Act 2003 s15(a);Holidays Act 2003 s15(b);Holidays Act 2003 s15(d);Holidays Act 2003 s16(1);Holidays Act 2003 s41;Holidays Act 2003 s42 |
| Cases Cited | New Zealand Tramways & Public Transport Employees Union Incorporated & Anor v Transportation Auckland Corporation Ltd & Anor unreported, Full Court, 27 November 2006, AC 61A/06 |
| Number of Pages | 8 |
| PDF File Link: | aa 292_07.pdf [pdf 28 KB] |