| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 80/09 |
| Determination date | 11 June 2009 |
| Member | P Cheyne |
| Representation | P Yarrall ; G Service, T Wilton |
| Location | Christchurch |
| Parties | Postal Workers Union and Anor v New Zealand Post |
| Other Parties | Street |
| Summary | DISPUTE – Applicant argued respondent failed to correctly pay statutory holiday pay – Applicant claimed overtime during period before statutory holiday should have been included in relevant daily pay calculation – Applicant claimed respondent breached Holidays Act 2003 and collective employment agreement (“CEA”) – – Authority found problem affected several employees of respondent – Authority deferred investigation of matter until similar Authority matter decided – Authority found decision in similar matter counted against applicant’s claim – Similar matter found CEA did not mean unrostered overtime was part of relevant daily pay because overtime payments not sufficiently certain to be included – Authority found nothing about facts in present determination to result in different outcome – Found materially identical situation – Found proper course to follow earlier determination – Postie |
| Result | Orders made; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s49;Holidays Act 2003 s9(1);Holidays Act s9(3) |
| Cases Cited | Postal Workers' Union of Aotearoa v New Zealand Post Ltd, A Dumbleton, 3 Apr 2009, (AA 105/09) |
| Number of Pages | 4 |
| PDF File Link: | ca 80_09.pdf [pdf 19 KB] |