| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 290/09 |
| Hearing date | 22 Jul 2009 |
| Determination date | 19 August 2009 |
| Member | L Robinson |
| Representation | A Potter ; G Brant |
| Location | Auckland |
| Parties | Potter v Elderstock Ltd |
| Summary | ARREARS OF HOLIDAY PAY – DISPUTE - Respondent advised applicant not entitled to public holiday pay as casual employee – Applicant sought declaration of employment status to determine entitlement to public holiday pay – Respondent argued applicant engaged on as and when required basis so no days on which applicant could expect to work therefore applicant could not expect to work on a public holiday day – Authority found issue of entitlement to payment for public holiday pay not determined by applicant’s employment status – Found s46 Holidays Act 2003 (“HA”) entitled all employees to public holidays, with no distinction between types of employees – Found applicant prima facie entitled to public holiday pay; question was what days applicant entitled to be paid for – Found applicant entitled to payment for public holidays that, but for the public holiday, would otherwise have been working days for applicant – Authority considered s12(3) HA factors to determine “otherwise working day” for applicant – Authority considered employment agreement, applicant’s work patterns and other factors for guidance on “otherwise working day” - Parties ordered to reach agreement for particular public holidays applicant entitled to payment for during period of service – Ten years service with respondent and predecessor |
| Result | Questions answered ; Arrears of holiday pay (quantum to be determined) |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 s12(3);Holidays Act 2003 s46 |
| Number of Pages | 7 |
| PDF File Link: | aa 290_09.pdf [pdf 21 KB] |