| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 173/02 |
| Hearing date | 28 May 2002 |
| Determination date | 11 June 2002 |
| Member | J Wilson |
| Representation | H White ; R Harrison |
| Location | Auckland |
| Parties | NZ Engineering Printing & Manufacturing Union v Amcor Flexibles Australasia Ltd |
| Summary | DISPUTE - Correct calculation of holiday pay - New shift system - Alleged undertaking that payment of holiday pay in excess of minimum requirement in Holidays Act 1981 - Variation of collective employment contract to address shift system and annual leave - Standard calculation after variation resulted in holiday pay at a premium" of 35 percent - Whether overpaid employees' holiday pay entitlement - Definition and application of "average weekly earnings" in Holidays Act - Employees should not have received more than their average weekly earnings while on holiday - Little evidence to support claim that undertaking given - Claims based on estoppel and mutual mistake adjourned sine die to allow time for mediation" |
| Result | Question answered in favour of respondent ; No order for costs |
| Main Category | Injunction |
| Statutes | Holidays Act 1981 s16(2) |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |