| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 252/10 |
| Hearing date | 20 May 2010 |
| Determination date | 25 May 2010 |
| Member | G J Wood |
| Representation | K Raureti ; C Abaffy |
| Location | Rotorua |
| Parties | New Zealand Maori Arts & Crafts Institute t/a Te Puia v National Distribution Union and Anor |
| Other Parties | Northern Amalgamated Workers Union Inc |
| Summary | DISPUTE – Whether applicant could unilaterally require respondent union members to work on statutory holidays – Applicant tourism business operating every day of year – Applicant traditionally allowed members to decide whether to work on statutory holiday if rostered shift fell on that day – Applicant, for commercial reasons, subsequently required members to work statutory holiday if rostered – Applicant claimed collective employment agreement (“CEA”) provided could require employees to work on statutory holidays other than Christmas Day – Claimed interpretation consistent with applicant’s days of operation and rostering rights - Respondent union members failed to attend work on statutory holidays – Respondent argued s47 Holidays Act 2003 (“HA”) provided employers could only “require” employees to work on statutory holiday if provided in CEA – Argued no such agreement therefore applicant not entitled to require respondent to work – Authority found CEA made before current HA enacted – Found parties must be deemed to negotiate in full knowledge of legislative arrangements at time of agreement – Found HA applicable – Found s47 HA used “require” therefore clear employer could not require employee to work if not provided in CEA – Found no requirement in CEA to grant respondent public holidays unless agreement to contrary – Found however, absence of requirement did not mean affirmative requirement for respondent to work on public holidays – Found respondent’s interpretation correct – Applicant made undertaking to pay for any unpaid statutory holidays if respondent’s interpretation correct – Question answered in favour of respondent |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Statutes | Holidays Act s6;Holidays Act s45;Holiday Act s47 |
| Number of Pages | 6 |
| PDF File Link: | aa 252_10.pdf [pdf 24 KB] |