| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 251/08 |
| Hearing date | 29 May 2008 |
| Determination date | 16 July 2008 |
| Member | V Campbell |
| Representation | L Yukich ; K Dunn |
| Location | Rotorua |
| Parties | Eastern Bay Independent Industrial Workers Union v Norske Skog Tasman Ltd |
| Summary | DISPUTE - Applicant sought declaration as to interpretation of annual holiday provisions in collective employment agreement (“CEA”) - Applicant sought clarification as to whether entitlements for extra weeks leave for employees with four years continuous service (“cl 4.5”) and shift workers (“cl 4.7”) subsumed by requirement of s41 Holidays Act 2003 (“HA”) to increase annual holidays entitlement contained at clause 14.2 of CEA from three to four weeks - Authority found issue whether annual holidays in cl 14.5 and cl 14.7 were over and above minimum statutory entitlement of four weeks - Respondent proposed to meet minimum requirements under HA by way of pre-existing additional annual holidays - Applicant claimed increased minimum entitlement in HA had affect of increasing minimum entitlement in clause 14.2 CEA from three to four weeks - Respondent claimed entitlement to fourth or fifth week of annual leave under CEA to recognise shift work or service was enhanced annual leave entitlement, not additional entitlement, and so its approach complied with HA - Authority found neither party raised issues about wording of clause 14 when varied CEA to extend expiry date, despite awareness of pending changes to HA - Authority satisfied entitlements in cl 14.5 and cl 14.7 enhancements to minimum entitlement in clause 14.2 - Authority found plain meaning of words in clause 14 established minimum entitlement to annual holidays which respondent had enhanced for shift workers, and had, up until specified date enhanced for employees who had more than four years service - Found when tested against minimum entitlement in HA, all employees entitled to minimum four weeks annual holidays - Respondent met minimum requirement for all employees - Authority found entitlements provided at cl 14.5 and cl 14.7 subsumed by requirement of s41 HA to increase entitlement for annual holidays contained at clause 14.2 of CEA from three to four weeks |
| Result | Questions answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 1981;Holidays Act 2003;Holidays Act 2003 s6;Holidays Act 2003 s6(1);Holidays Act 2003 s6(2);Holidays Act 2003 s6(3);Holidays Act 2003 s41 |
| Cases Cited | New Zealand Tramways & Public Transport Employees Union Incorporated & Anor v Transportation Auckland Corporation Ltd & Anor [2006] 1 ERNZ 1005;New Zealand Tramways and Public Transport Employees Union Inc and Anor v Transportation Auckland Corporation Ltd and Anor [2008] ERNZ 229 |
| Number of Pages | 6 |
| PDF File Link: | aa 251_08.pdf [pdf 29 KB] |