Five Weeks' Holiday – Expectation or Entitlement?
On 1 April 2007 the statutory minimum for annual leave increases from
three weeks to four weeks per annum.
But what about current employment agreements that provide for four
weeks' annual leave? Come 1 April 2007, will that entitlement
increase to five weeks?
A recent Employment Court decision (NZ Tramways and Public Transport
Employees Union Incorporated v Transportation Auckland Corporation
Ltd and Cityline (New Zealand) Ltd) made it clear that employees
wanting five weeks' annual leave will have to negotiate with their
employers and reach an agreement. Unless their agreement allows
for such an increase, they cannot expect an increase in their leave
entitlement as of right and/or under the Holiday Act 2003.
It will be entirely up to employers whether they provide a greater
annual leave entitlement to the statutory minimum.
For more information, please contact:
Erin Davies
Partner
t: +64 9 979 2177
m: +64 29 622 2300
e: Erin Davies
Last updated: 6 December 2006
This article is intended to be brief in nature and should be used for information only. It should not be relied on as legal advice. |
