Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 107/10
Hearing date 10 Feb 2010
Determination date 05 May 2010
Member P Montgomery
Representation A McKenzie ; A Dunseath
Location Christchurch
Parties New Zealand Dairy Workers Union Inc. v Fonterra Co-Operative Group Ltd
Summary DISPUTE – Applicant sought determination as to correctness of respondent’s management of employee leave entitlements – Also sought any other such determinations or recommendations Authority thought reasonable – Respondent argued current leave management practices operating effectively – Issue revolved around way respondent organised payroll system and accounts for leave entitlements for process employees – Applicant argued members had expressed concern that if resigned would be required to repay leave which they had not taken – Authority found no individually supported allegation of breaches of collective employment agreement (“CEA”) by respondent regarding recording of individual employees paid annual leave – Found no specific allegations regarding respondent’s failure to meet requirements of Holidays Act 2003 (“HA”) – Found information on payslips consistent with CEA – Found respondent essentially complying with HA by keeping individual employees appraised of annual leave situation by way of pay slips – Authority found no determination on matter required – Authority endorsed view of respondent that if applicant sought variation to CEA then only had to formally approach respondent – Orders made
Result Orders made ; Costs reserved
Main Category Dispute
Statutes s29 Holidays Act 2003
Number of Pages 3
PDF File Link: ca 107_10.pdf [pdf 17 KB]