| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 278/02 |
| Hearing date | 19 Aug 2002 |
| Determination date | 16 September 2002 |
| Member | T Woods |
| Representation | D Ryken ; A Roberts |
| Location | Auckland |
| Parties | Khan v Harun Ali t/a Mod Fab |
| Summary | UNJUSTIFIED DISADVANTAGE - Alleged unilateral variation of remuneration from wages to piecemeal rates - Alleged subjected to unreasonable working conditions - Forced to live and work in respondent's garage - Paid hourly rate not piecemeal - Agreed to variation of remuneration - Forced to work when required - Lack of freedom - Applicant was immigrant working illegally - Respondent took advantage of applicant's immigration status - Unacceptable working conditions imposed - Disadvantage claim established - Remedies - Contributory conduct - Applicant not legally entitled to work - Remedies reduced by 40 percent - ARREARS OF WAGES - Alleged non-payment for hours worked - Whether continued to be employed after alleged termination date - Employment terminated at date alleged - Underpaid 4 hours per week for entire duration of employment - Arrears claim made out - Tailor |
| Result | Application granted ; Compensation for humiliation etc ($9,000 reduced to $5,400) ; Arrears of wages ($4,672) ; Costs reserved |
| Statutes | ERA s124;Human Rights Act 1993 s22;Immigration Act 1987 s39;Immigration Act 1987 s142(f);Immigration Amendment Act 2002 s39A |
| Cases Cited | Auckland City Council v Hennessey [1982] ACJ 699;Bell v Broadley Downs Ltd [1987] NZILR 959;Country Fare (Christchurch) Ltd v Dixey [1995] 2 ERNZ 372;Macadam v Port Nelson Ltd (No 2) [1993] 1 ERNZ 300;Paykel Ltd v Ahlfeld [1993] 1 ERNZ 334 |
| Number of Pages | 12 |
| PDF File Link: | aa 278_02.pdf [pdf 49 KB] |