| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 186/09 |
| Hearing date | 4 May 2009 |
| Determination date | 16 June 2009 |
| Member | L Robinson |
| Representation | G Lloyd ; D France |
| Location | Auckland |
| Parties | New Zealand Engineering Printing & Manufacturing Union Inc v Zeal 320 Ltd |
| Summary | DISPUTE – First issue, whether allocated leave “provisional” or “confirmed” – Second issue, whether respondent unlawfully cancelled allocated leave – Collective employment agreement (“CEA”) provided employees shall confirm or decline “provisional allocated leave” by ballot system - Respondent cancelled employees’ allocated leave during collective bargaining negotiations – Applicant claimed cancellation of leave breached CEA and s17 Holidays Act 2003 (“HA”) – Claimed once leave allocated by ballot, leave confirmed and cancellation must be by agreement with employee – Respondent argued leave provisional until expressly confirmed by employee – Authority found “provisional” means “tentatively” under CEA therefore employees must expressly confirm leave to meet s18 HA – Found no breach of CEA and HA – Authority invited respondent to expressly notify employees whether provisional leave confirmed or declined – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s17;Holidays Act 2003 s18;Holidays Act 2003 s18(3) |
| Number of Pages | 5 |
| PDF File Link: | aa 186_09.pdf [pdf 23 KB] |