Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 176/09
Hearing date 29 Jul 2009
Determination date 15 October 2009
Member J Crichton
Representation P Cranney ; J Latimer
Location Christchurch
Parties Service & Food Workers' Union Nga Ringa Tota v Cerebos Greggs Ltd
Summary DISPUTE - Applicant union sought declaration members entitled to further holiday of one week upon completion of six or more years continuous service - Respondent contended maximum annual leave was four weeks - Applicant argued collective employment agreement (“CEA”) out of date and should provide for four weeks’ leave and additional weeks’ leave for long serving employees - Respondent argued only change was to allow workers not to have to wait six years to obtain four weeks’ holiday - Respondent claimed parties did not agree to five weeks’ annual leave during last negotiation - Authority found relevant provision of CEA provided for additional week of annual holiday after completion of six years continuous current service - Found additional week not part of four weeks’ annual holiday conferred by Holidays Act 2003
Result Application granted ; Costs reserved
Main Category Dispute
Statutes Holidays Act 2003;Holidays Act 2003 s6
Cases Cited New Zealand Meat Workers’ and Related Trades Union Inc v Silverfern Farms Ltd [2009] ERNZ 149;New Zealand Tramways & Public Transport Employees’ Union Inc et al v Transportation Auckland et al [2008] ERNZ 584
Number of Pages 6
PDF File Link: ca 176_09.pdf [pdf 24 KB]