| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 217/09 |
| Hearing date | 30 Jul 2009 |
| Determination date | 17 December 2009 |
| Member | J Crichton |
| Representation | P Cranney ; R Towner |
| Location | Christchurch |
| Parties | Service & Food Workers' Union Nga Ringa Tota v Sealord Group Ltd |
| Summary | DISPUTE – Applicant union sought declaration collective employment agreement (“CEA”) provided for qualifying employees to receive further one week leave upon completion of five years of continuous service – Applicant union claimed four weeks holiday leave conferred by Holidays Act 2003 (“HA”) and further week conferred by CEA – Respondent argued employees entitled to four weeks annual leave total – Argued effect of HA, CEA, and parties’ intention, to give four weeks annual leave without employees waiting five years for entitlement – CEA provided annual leave allowed in accordance with HA – Provided additional weeks’ service leave given to employees after five years continuous service – Authority found correct question whether parties agreed to convert service leave to annual leave as latter defined by HA – Found CEA distinguished between service and annual leave – Found service leave emanated from parties’ negotiations – Found successive agreements showed parties agreed to reward service by providing eligible employees additional leave which related to their service – Found interpreting CEA as providing for two kinds of annual leave contrary to parties’ intention – Found CEA provided for four weeks’ annual leave – Found CEA provided for further one week service leave – Question answered in favour of applicant union – Declaration granted |
| Result | Question answered in favour of applicant union ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | ASTE v Chief Executive BOP Polytechnic [2002] 1 ERNZ 491;Football Club Ltd v Sellar Properties (Portsmouth) Ltd [2004] EWCA Civ 760;Gibbons Holdings Ltd v Wholesale Distributors Ltd [2008] 1 NZLR 277;New Zealand Tramways & Public Transport Employees’ Union Inc et al v Transportation Auckland et al [2008] ERNZ 584;Service & Food Workers’ Union Nga Ringa Tota v Cerebos Greggs Ltd unreported, J Crichton, 17 Dec 2009, CA 217/09 |
| Number of Pages | 7 |
| PDF File Link: | ca 217_09.pdf [pdf 28 KB] |