| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 58/08 |
| Hearing date | 14 Feb 2008 |
| Determination date | 06 May 2008 |
| Member | J Crichton |
| Representation | P Cranney ; N Soper |
| Location | Invercargill |
| Parties | Service and Food Workers Union Nga Ringa Tota v Sanford Ltd |
| Summary | DISPUTE - Question over wages for working public holiday - Working less than full span of ordinary hours on public holiday could result in worker being paid less for actually working than if had public holiday off - Respondent submitted practice in accord with collective employment agreement (CEA) and Holidays Act 2003 - Argued situation distinguishable from SFWU v OCS (cited below) as employees did not receive minimum weekly wage - Although wording of parties’ CEA less directive than in SFWU v OCS it still clearly provided for weekly employment - SFWU v OCS applied - Also logical difficulty with circumstance where worker better off staying home than working public holiday - Respondent in breach of CEA in respect of payment of full time employees who worked public holidays - Parties to work out consequences of determination in pragmatic way - Leave reserved to return to Authority if required |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s43;Holidays Act 2003 s47;Holidays Act 2003 s49;Holidays Act 2003 s50;Holidays Act 2003 s54(4) |
| Cases Cited | Service and Food Workers Union Nga Ringa Tota v OCS Ltd, [2007] ERNZ 169 |
| Number of Pages | 7 |
| PDF File Link: | ca 58_08.pdf [pdf 34 KB] |