| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 165 |
| Hearing date | 9 Aug 2011 |
| Determination date | 31 October 2011 |
| Member | G J Wood |
| Representation | H McAra ; T Cleary |
| Location | Wellington |
| Parties | New Zealand Merchant Service Guild IUOW Inc. v Holcim (NZ) Ltd |
| Summary | DISPUTE – Whether collective employment agreement (“CEA”) complied with Holidays Act 2003 with respect to alternative holidays – Authority found parties had long-standing agreement that alternative holidays were to be taken in “working days” in 28 days off period – Found parties agreed on period during which alternative days should be granted – Found alternative holidays to be part of time off work period which far exceeded requirements under Holidays Act 2003 – Found “days off” did not necessarily mean none of them could be classified as otherwise working days – Found respondent always intended and given officers alternative holidays when public holiday worked – Found adequate alternative holidays provided for in 28 days off period after each 28 days on – Found parties intended alternative holidays be provided in next period of time off of 28 days – Found no breach of Holidays Act 2003 |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | New Zealand Airline Pilots Association Inc v Air Nelson Ltd [2010] NZEMPC 130;New Zealand Fire Service Commission v New Zealand Professional Fire Fighters Union [2006] ERNZ 1109 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_165.pdf [pdf 29 KB] |