| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 185/10 |
| Hearing date | 28 Sep 2010 |
| Determination date | 16 November 2010 |
| Member | G J Wood |
| Representation | P Cranney ; N Lucie-Smith |
| Location | Wellington |
| Parties | New Zealand Public Service Association Inc v The Chief Executive of the New Zealand Defence Force |
| Summary | DISPUTE – Authority heard issues regarding worker’s entitlements to annual holidays – Parties entered into variation to collective agreements to cater for particular shift arrangements of security guards – Main reason for variation was that CEAs did not properly cover workers’ hours of work – Variation implied day’s entitlement to annual leave more likely to be for length of shift rather than 8 hours – Variation also provided for allowance for senior security guards – Respondent argued security guards only entitled to minimum entitlement under Holidays Act – Applicant claimed security guards entitled to 20 days annual leave according to normal length of shift – Normal length of shift often 12 hours – Respondent calculated annual leave entitlements on basis of shift hours worked over four week period of shift cycle so as not to advantage shift workers over other workers for leave entitlements – Authority found way respondent calculating leave consistent with default position in HA – Issue for determination whether or not agreement providing for more security guards – Authority found allowance only related to shift work arrangements and therefore did not cover leave – Found leave entitlements unaffected in any event because designated under clause of CEAs – Found clear from clause that 20 days annual leave was employee’s normal entitlement – Authority concluded because parties failed to deal with specific matter in variation, security guards entitlement to leave must be analysed under clauses of CEA and that they provided for accrual on 20 day per year basis rather than 4 weeks per year basis under HA – Found no need to read down clear wording of parties CEAs – Found permanent security guard employees entitled to 20 days annual leave per year and leave accrued on that basis accordingly – Orders accordingly |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | NZ Amalgamated Engineering Printing and Manufacturing Union Inc v SCA Hygiene Australasia Ltd [2010] NZEMPC 73 |
| Number of Pages | 6 |
| PDF File Link: | wa 185_10.pdf [pdf 19 KB] |