New Zealand Post Workers Win Could Boost Others'... | Stuff.co.nz

FIONA ROTHERHAM AND CLAIRE ROGERS

A Court of Appeal decision over posties' holiday pay could have significant implications for staff working irregular overtime, an employment lawyer says.

The court determined NZ Post was obliged to calculate and pay posties for unrostered overtime when paying them for public holidays, holidays in lieu or leave for bereavement or sickness.

In doing so the court overturned decisions by the Employment Court and the Employment Relations Authority, which had been appealed by the Postal Workers Union of Aotearoa.

Chen Palmer partner Susan Hornsby-Geluk said the ruling would affect any employee who worked irregular overtime, such as police, nurses and people in the service industry.

"The employer has to pay them their average daily rate, which is averaged out over the whole year, as opposed to just what they might have been rostered on to work."

Affected employers could find their wage bill increased "quite substantially", with employees able to claim wages owed up to six years in arrears under the Holidays Act.

"NZ Post is a significant employer with access to good legal advice and they weren't doing it right. I would anticipate there would be a significant number of employers who would not be paying in accordance with this decision."

Jennifer Mills and Emma Warden, partner and senior associate at Minter Ellison Rudd Watts, said the decision would have ramifications for employers and staff but its impact should not be overstated.

The Employment Court ruled that an employee had to establish that they would have worked overtime on the day in question and the amount they would have received in order to be paid for it.

But Graeme Clarke, advocate for the Postal Workers Union, said that was near impossible as in most cases a postie would not know if they had to work overtime until the day itself.

- ? Fairfax NZ News

Source: http://www.stuff.co.nz/business/money/7884589/Postie-win-could-boost-others-pay

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