| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 196/09 |
| Hearing date | 26 May 2009 |
| Determination date | 18 June 2009 |
| Member | M Urlich |
| Representation | J Robinson (in person) ; S Langton |
| Location | Auckland |
| Parties | Robinson (Labour Inspector) v Auckland Auto Collection Ltd |
| Summary | DISPUTE – Whether respondent’s daily pay calculations caused employees disadvantage - Applicant Labour Inspector on behalf of employees claimed calculations could not determine what employees would have received had they worked public holidays, alternative holidays, sick and bereavement leave – Respondent argued calculations correct because commission payments calculated at end of month based on volume of vehicles sold therefore possible to identify employee’s daily pay had they worked on day concerned – Authority found respondent’s calculation method not in breach of s9 Holidays Act 2003 – Found no disadvantage because commission payments secured upon delivery of vehicle and employees on leave would still receive their commission – Found no entitlement to commission on public holidays as no deliveries would be made – Question answered in favour of respondent |
| Result | Question answered in favour of respondent |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s9;Holidays Act 2003 s9(1)(a);Holidays Act 2003 s9(1)(b);Holidays Act 2003 s9(1)(b)(i);Holidays Act 2003 s9(3);Holidays Act 2003 s9(b);Holidays Act 2003 s12 |
| Cases Cited | Postal Workers’ Union of Aotearoa v New Zealand Post Limited, unreported, Dumbleton A, 3 Apr 2009, AA 105/09 |
| Number of Pages | 4 |
| PDF File Link: | aa 196_09.pdf [pdf 14 KB] |