| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 113 |
| Hearing date | 19 Mar 2012 |
| Determination date | 30 March 2012 |
| Member | J Crichton |
| Representation | C Enright (in person) ; M Blackburn |
| Location | Whitianga |
| Parties | Enright v Nemea Holdingd Ltd |
| Summary | ARREARS OF WAGES – Applicant sought unpaid sick leave – Respondent claimed applicant had already received all wage entitlements – Applicant was permanent employee but employed on-call on roster basis – Applicant’s mother (“X”) very ill – Applicant took time off work to care for X but did not claim sick pay until after employment terminated – Respondent claimed applicant never refused request to work because of X’s health and alternatively X not dependent relative and not appropriate for respondent to pay sick leave for time off – Respondent shared work as equally as possible between employees - Applicant claimed work available on majority of days applicant needed to care for X – Authority found theoretically was work available at respondent when applicant took time off to care for X but applicant not offered work on days took time off as work offered to other employees – Found as on-call employee applicant only entitled to sick leave for periods actually worked - Found no evidence applicant unable to work due to X’s health – No arrears of wages - Cleaner |
| Result | Application dismissed ; Costs to lie where they fall |
| Main Category | Arrears |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Auckland_113.pdf [pdf 14 KB] |