| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 3 |
| Hearing date | 30 Jul 2010 |
| Determination date | 11 January 2011 |
| Member | M B Loftus |
| Representation | C Mayston ; M Banfield |
| Location | Christchurch |
| Parties | Stewart & Anor v The Salvation Army |
| Other Parties | Johnstone |
| Summary | DISPUTE – Applicants claimed by virtue of contractual arrangements and length of service entitled to 5 weeks annual leave – Respondent argued applicants only entitled to 4 weeks annual leave per year – Applicants initial individual employment agreements allowed for 3 weeks annual leave – IEAs gave further weeks’ leave upon completion of 5 years service – Authority rejected respondent’s argument that law set out in Tramways proper law to apply and Silver Fern Farms and DHB cases distinguishable – Found Tramways involved situation where employees granted additional leave recognising nature of work – Found all employees in Tramways eligible therefore distinguishable from Silver Fern Farms and current matter as both involved situation where identical qualifying criteria limited eligibility – Found service qualifying criteria in matter – Found while argued no evidence parties intended more than 4 weeks, was no evidence they didn’t – Found lack of evidence regarding intent meant had to consider literal meaning of clause in IEA – Found reference to 3 weeks could be considered explanation of quantum as it stood prior to legislative change but could not be used to limit or nullify legislative change – Found applicants entitled to weeks leave additional to statutory minimum – Orders accordingly - Aftercare-coordinator |
| Result | Orders accordingly |
| Main Category | Dispute |
| Statutes | Holidays Act 2003 |
| Cases Cited | NZ Meat Workers and Related Trades Union Inc v Silver Fern Farms Ltd (formerly PPCS Ltd) (2009) 6 NZELR 484;Silver Fern Farms Ltd v New Zealand Meat Workers & Related Trades Union Inc [2010] ERNZ 317 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_3.pdf [pdf 21 KB] |